Joseph O'Bryne v. Portfolio Recovery Associates

MEMORANDUM

Joseph O’Bryne sued Portfolio Recovery Associates, LLC (“PRA”), claiming that a state court complaint violated the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692e, 1692f (“FDCPA”), and the Ro-senthal Fair Debt Collection Practices Act, Cal. Civ.Code § 1788 et seq. The district court granted summary judgment to PRA. We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

1. “[A] complaint served directly on a consumer to facilitate debt-collection efforts is a communication subject to the requirements of §§ 1692e and 1692f.” Donohue v. Quick Collect, Inc., 592 F.3d 1027, 1031-32 (9th Cir.2010).

2. The state complaint’s assertion that O’Bryne’s uncontested final credit card statement established an account stated was not a “false, deceptive, or misleading representation.” 15 U.S.C. § 1692e. An account stated may be “implied from the circumstances,” including the receipt of a billing statement and subsequent failure to object. Davis & Cox v. Summa Corp., 751 F.2d 1507, 1515 (9th Cir.1985), superseded on other grounds by 28 U.S.C. § 1961 ; see S.O.S., Inc. v. Payday, Inc., 886 F.2d 1081, 1090-91 (9th Cir.1989); Doyle v. McPherson, 36 Cal.App.2d 81 , 97 P.2d 249,…