FDCPA 9th Circuit: HERNANDEZ V.WILLIAMS ZINMAN & PARHAM – Class Action Dismissal Reversed
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.
Full opinion below…
HERNANDEZ V.WILLIAMS ZINMAN & PARHAM