David Tourgeman v. Collins Financial Services

facts, no attorney had been “meaningfully involved” in evaluating his case. The district court granted summary judgment to the defendants. We have jurisdiction under 28 U.S.C. § 1291. We now reverse and hold that judgment should be entered for Tourgeman.

I. BACKGROUND

David Tourgeman bought a Dell computer. At the time of the purchase, Tourgeman resided in Mexico, and he ordered the computer to be shipped to his parents’ home in California. He financed the purchase through Dell Financial Services, which arranged for a loan to be originated by CIT Online Bank. Dell Financial then serviced the loan. According to Tourgeman, he completed repayment within two years of buying the computer. But Dell Financial’s records reflected otherwise. Tourgeman’s allegedly outstanding debt therefore was charged off and then sold,

1 Tourgeman serves here as the named plaintiff on behalf of a class of consumers similarly situated. This appeal resolves the essential legal question that underlies Tourgeman’s and the class’s claims under one section of the FDCPA, 15 U.S.C. § 1692e. For ease of reference, we refer only to plaintiff Tourgeman rather than to the class.

TOURGEMAN V. COLLINS…

Opinion by Judge FRIEDMAN; Dissent by Judge FARRIS.

OPINION

This is a class action brought under the Fair Debt Collection Practices Act (“FDCPA” or “the Act”), 15 U.S.C. § 1692 et seq. Plaintiff David Tourgeman contends that the defendants — Collins Financial Services, Inc.; Paragon Way, Inc.; Nelson & Kennard; and Collins Financial Services USA, Inc. — made false representations to him in connection with their efforts to collect a purported debt. 1 Specifically, Tourgeman argues that the defendants violated the Act by misidentifying his original creditor in a series of collection letters sent to him, as well as in a complaint filed against him in state court. He also maintains that one defendant, Nelson & Kennard, misleadingly represented that its collection letter was from an attorney when, on Tourgeman’s account of the facts, no attorney had been “meaningfully involved” in evaluating his case. The district court granted summary judgment to the defendants. We have jurisdiction under 28 U.S.C. § 1291 . We now reverse and hold that judgment should be entered for Tourgeman.

I. BACKGROUND

David Tourgeman bought a Dell computer. At the time of the purchase, Tourge- *1113 man…

dissenting.

I respectfully dissent. As I view the record, the trial court got it right. I would affirm.