Gonzalez v. CullimoreAnnotate this Case
The Supreme Court took the opportunity of this case to follow the overwhelming majority of courts, holding that claims under section 1692e of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692-1692p, are subject to a strict liability standard.
The Supreme Court here abrogated a Utah Court of Appeals decision, Midland Funding LLC v. Sotolongo, 325 P.3d 871 (Utah Ct. App. 2014), holding that the court of appeals misstated the Ninth Circuit Court of Appeals’ standard for section 1692e claims and that the standard set forth in Midland Funding clearly contradicts the language of the FDCPA. Further, a strict liability interpretation of section 1692e is consistent with section 1692k(c) of the FDCPA. The Supreme Court thus reversed the decision of the district court dismissing Plaintiff’s section 1692e claims based solely on Midland Funding and remanded the case for further proceedings in light of this opinion.