Sherrie Pressley, AKA Sherrie Teague v. Capital Credit & Collection Service, Inc., an Oregon Corporation

Capital Credit and Collection Services, Inc. (Capital Credit) has appealed a judgment awarding Sherrie Pressley $100 statutory damages, following the granting of summary judgment in an action under the Fair Debt Collection Practice Act (FDCPA), 15 U.S.C. § 1691 et seq., for Capital Credit’s failure to comply with section 1692e(ll) in a notice to Pressley demanding payment of a debt. We reverse and remand for dismissal of the action.

Facts and Proceedings in District Court

The material facts are not in dispute. Sherrie Pressley (also known as Sherrie Teague) owed $126.07 to General Telco Credit Union. The credit union assigned its claim to Capital Credit, a debt collection agency. On March 10, 1982, Capital Credit sent a notice to Pressley, which reads:

On March 8, 1983, Pressley brought this action for statutory damages, claiming that the notice from Capital Credit violated the disclosure requirement of 15 U.S.C. § 1692e(ll), which reads:

After stipulating for trial before a United States magistrate, both parties moved for summary judgment. In granting Pressley’s motion the magistrate found that Capital Credit’s notice did not comply with the statute, relying upon three cases…