Lyon

Lyon v. Chase Bank USA, N.A.

Good Law
656 F.3d 877·2011 WL 3805641
United States Court of Appeals for the Ninth CircuitAugust 30, 201110-35230, 10-35846California7,357 words

Opinion

Opinion

Goodwin, J.

This case originated with a misunderstanding regarding a $645 charge on the credit-card bill of Appellant Barbee Lyon. Appellee Chase Bank USA, N.A. (“Chase”) misidentified the basis for the charge but failed to respond to Lyon’s requests for information about it. Chase continued to seek payment and reported the debt as delinquent to credit agencies, despite Lyon’s protest. In doing so, Chase admittedly violated multiple sections of the Fair Credit Billing Act (“FCBA”), 15 U.S.C. §§ 1666 — 1666J.

After unsuccessfully attempting to get a direct response from Chase, Lyon and his wife filed this action in the District of Oregon, alleging inter alia claims under the FCBA and Oregon’s Unlawful Debt Collection Practices Act (“UDCPA”), Or. Rev.Stat. §§ 646.639-.643. The trial court dismissed the UDCPA claim and limited Lyon’s total recovery under the FCBA to $1000.

We reverse and remand for further proceedings. The trial court erred in holding that Appellants failed to state a claim under the UDCPA. We decline to certify Appellants’ proposed question to the Oregon Supreme Court regarding this claim because existing state precedent guides our decision. As to Lyon’s FCBA claims,…

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