Bryon Nichols v. Gc Services, Lp

MEMORANDUM

Bryon Nichols appeals from the district court’s judgment, following partial summary judgment and a jury trial, in his action under the Fair Debt Collection Practices Act against GC Services, LP. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo both a grant and a denial of summary judgment. Padfield v. AIG Life Ins. Co., 290 F.3d 1121, 1124 (9th Cir.2002). We affirm.

The district court properly granted summary judgment for GC Services on Nichols’s claim that GC Services improperly continued to communicate with him after he sent a cease-and-desist letter, in violation of 15 U.S.C. § 1692c(c), because Nichols failed to raise a genuine issue of material fact as to whether GC Services had received his letter. GC Services had no record of having received the letter, and Nichols testified in his deposition that he mailed the letter by certified mail, return receipt requested, but that he did not receive a return receipt. See 15 U.S.C. § 1692e(c) (“notification shall be complete upon receipt” if made by mail); see also Busquets-Ivars v. Ashcroft, 333 F.3d 1008, 1009 (9th Cir.2003) (citing Mulder v. Comm’r, 855 F.2d 208, 212 (5th Cir.1988) (“While it is presumed…