Arteaga

ORDER ON DEFENDANTS’ SUMMARY JUDGMENT MOTION (Doc. 15)

Introduction

Plaintiff Tina Arteaga (“Ms. Arteaga”) asserts claims against defendant Asset Acceptance, LLC (“Asset”) pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”) and the California Rosenthal Act, Cal. Civ. Code § 1788 et seq., based on allegations that Asset called her “constantly and continuously” in an attempt to collect an allegedly unpaid debt, and threatened to “attach” her bank account. ■ Asset moves for summary judgment of Ms. Arteaga’s claims, pursuant to Fed. R. Civ. P. 56, arguing that no admissible, competent evidence demonstrates that Asset engaged in conduct to violate federal or state law, and the volume and pattern of calls did not violate FDCPA or the Rosenthal Act as a matter of law. Ms. Arteaga argues that questions of fact exist as to whether Asset’s conduct violated the statutes. Having considered the parties’ arguments and evidence, and the applicable case law, this Court GRANTS summary judgment in favor of Asset and DIRECTS the clerk of court to close this action.

Background

Ms. Arteaga’s Statement of Facts

Ms. Arteaga received a letter from Asset informing…