HERNANDEZ v WILLIAMS, ZINMAN & PARHAM PC | FDCPA CLASS ACTION DISMISSAL REVERSED BY 9TH CIRCUIT

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HERNANDEZ v WILLIAMS, ZINMAN & PARHAM PC | FDCPA CLASS ACTION DISMISSAL REVERSED BY 9TH CIRCUIT

HERNANDEZ v WILLIAMS, ZINMAN  & PARHAM PC | FDCPA CLASS ACTION DISMISSAL REVERSED BY 9TH CIRCUIT

H/T Dave Krieger

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

MARIA HERNANDEZ, on
behalf of herself and all
others similarly situated,
Plaintiff-Appellant,

v.

WILLIAMS, ZINMAN & ARHAM PC,
Defendant-Appellee.

Appeal from the United States District Court
for the District of Arizona
Stephen M. McNamee, District Judge, Presiding

Argued and Submitted March 17, 2016
San Francisco, California

Filed July 20, 2016

Before: John T. Noonan, Ronald M. Gould,
and Michelle T. Friedland, Circuit Judges.

Opinion by Judge Friedland

SUMMARY*

Fair Debt Collection Practices Act The panel reversed the district court’s summary judgment in favor of the defendant in an action under the Fair Debt Collection Practices Act.

The Act requires that within five days of “the initial communication” with a consumer about the collection of a debt, a debt collector must send the consumer a notice containing specific disclosures. The panel held that this requirement, set forth in 15 U.S.C. § 1692g(a), does not apply only to the initial debt collector that tries to collect, but also applies to subsequent collectors that communicate about the same debt.

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