Cruz v. International Collection Corp.
- Citation:
- Case No. 09-17449; D.C. No. 5:08-cv-00991 (March 8, 2012, 9th Circuit)
- Tag(s):
-
- Ruling:
- Debt Collector under Fair Debt Collection Practices Act is strictly liable for pursuing collection after debtor notified debt collector in writing that debt was disputed. Individual defendant was also liable since he was personally involved in violation; it is an open question as to whether an officer of corporation might be liable without personal involvement in the violation and the question need not be answered in this case.
- Procedural context:
- Summary judgment of district court affirmed.
- Facts:
- A corporate defendant and debt collector violated the Fair Debt Collection Practices Act (FDCPA) through false representations and also by attempting to collect a debt after debtor notified debt collector in writing that debtor refused to pay the debt. In addition to the corporate liability, an individual defendant was also qualified as a debt collector under FDCPA and personally liable as the individual defendant was the sole owner, officer and director of the corporation and also personally signed at least one of the fase collection letters.
- Judge(s):
- John T. Noonan, Carlos T. Bea, Circut Judges, and Donald E. Walter, Senior District Judge sitting by designation.
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