419 F.3d 1011 (9th Cir. 2005), 03-56511, Dunlap v. Credit Protection Ass'n., L.P.

Docket Nº:03-56511.
Citation:419 F.3d 1011
Party Name:John DUNLAP, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. CREDIT PROTECTION ASSOCIATION, L.P., Defendant-Appellee.
Case Date:August 16, 2005
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 1011

419 F.3d 1011 (9th Cir. 2005)

John DUNLAP, on behalf of himself and all others similarly situated, Plaintiff-Appellant,

v.

CREDIT PROTECTION ASSOCIATION, L.P., Defendant-Appellee.

No. 03-56511.

United States Court of Appeals, Ninth Circuit.

August 16, 2005

Argued and Submitted June 7, 2005.

COUNSEL

Robert L. Arleo, New York, New York, and Jeffrey P. Fink, San Diego, California, for the plaintiff-appellant.

Stephen H. Turner, David J. Kaminski, and Joseph R. Zamora, Los Angeles, California, for the defendant-appellee.

Appeal from the United States District Court for the Southern District of California, D.C. No. CV-02-02393-BTM, Barry T. Moskowitz, District Judge, Presiding

Before: Betty B. Fletcher, Pamela Ann Rymer, and Raymond C. Fisher, Circuit Judges.

OPINION

PER CURIAM.

Plaintiff-appellant John Dunlap claims that the use of the name, "Credit Protection Association," in the context of a debt collection letter, violates various provisions of the Fair Debt Collection Practices Act ("FDCPA"). 15 U.S.C. § 1692e.

Page 1012

The district court dismissed the case on the pleadings and granted judgment in favor of the defendant-appellee, Credit Protection Association, L.P. ("CPA"). We affirm.1

Dunlap allegedly incurred a debt of $12.90 to Blockbuster Video. Blockbuster referred the alleged debt to CPA for collection purposes. On November 15, 2002, CPA sent a collection or "dunning" letter to Dunlap. The letterhead bears the defendant's name, "Credit Protection Association," in large, capital lettering. The letterhead's sub-headings indicate that CPA is a "nationwide collection company" and warn that the letter "is an attempt to collect a debt" and that "any information obtained will be used for that purpose," in compliance with the FDCPA. 15 U.S.C. § 1692e(11). The body of the letter notifies Dunlap that Blockbuster's records indicate that his account is past due and informs him of his right to dispute the debt, as required by 15 U.S.C. § 1692g(a).

The FDCPA broadly prohibits a debt collector from using "any false, deceptive, or misleading representation or means in connection with the collection of any debt." 15 U.S.C. § 1692e. "Without limiting the general application of the foregoing," § 1692e also specifically proscribes various debt collection practices. Dunlap argues that the CPA letter violates § 1692e generally...

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