Aaron Fox Toni Fox, Husband and Wife v. Citicorp Credit Services, Inc., a South Dakota Corporation Jerold Kaplan Jane Doe Kaplan, Husband and Wife

Aaron and Toni Fox appeal the entry of summary judgment in favor of defendants on four claims of violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692 et seq., and on three state-law claims. We affirm summary judgment as to the Foxes’ breach-of-contract claim, reverse summary judgment as to the other claims, and remand.

I. Background

In 1986, the Foxes defaulted on their credit card debt with an unpaid balance of $2300.31. Citibank referred the matter for collection to Citicorp Credit Services (“Citi-corp”), which in turn retained attorney Jerold Kaplan. Kaplan, on behalf of Citicorp, filed an action against the Foxes in Maricopa County, Arizona. The Foxes, who reside in Pima County, Arizona, successfully moved to transfer the action. The action was dismissed without prejudice when Citicorp failed to pay a transmittal fee. Citicorp filed another suit in Maricopa County; like the preceding suit, it was transferred to Pima County. Eventually, in June 1989, the parties reached a stipulated judgment under which the Foxes were to pay $100 per month to pay off their debt.

The Foxes missed the initial payments. Ray Jacques, a Citicorp representative, contacted…

concurring in part and dissenting in part:

I concur in the judgment of the court that the defendants were entitled to summary-judgment on the contract claims and were not entitled to summary judgment on the Foxes’ claims for violation of the venue provision of the FDCPA and that the defendants’ affirmative defenses must be established at trial.

The Foxes may get before a jury on these two claims. But what mountains have been made of molehills! And the Foxes have sought $10 million punitive damages without in their deposition being able to identify any basis for such an extraordinary request. How this court regards inflated claims for punitives is well-established. Hudson v. Moore Business Forms, Inc., 836 F.2d 1156, 1163 (9th Cir.1988). I turn to the claims on which I disagree with the majority:

The Alleged Abusive Conduct.

15 U.S.C. § 1692d sets out six examples of conduct that violates the section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of…

15 F.3d 1507 62 USLW 2485 Aaron FOX; Toni Fox, husband and wife, Plaintiffs-Appellants, v. CITICORP CREDIT SERVICES, INC., a South Dakota corporation; Jerold Kaplan; Jane Doe Kaplan, husband and wife, Defendants-Appellees. No. 91-16476. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 4, 1993. Feb. 1, 1994. Esther B. Simon and Peter M. Balsino, Aron & Simon, Tucson, Arizona, for the plaintiffs-appellants. John M. Iurino and Janet Napolitano, Lewis & Roca, Tucson, Arizona, for the defendants-appellees. Appeal from the United States District Court for the District of Arizona. Before: FLETCHER, REINHARDT, and NOONAN, Circuit Judges. REINHARDT, Circuit Judge: 1 Aaron and Toni Fox appeal the entry of summary judgment in favor of defendants on four claims of violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. Secs. 1692 et seq., and on three state-law claims. We affirm summary judgment as to the Foxes' breach-of-contract claim, reverse summary judgment as to the other claims, and remand. I. Background 2 In 1986, the Foxes defaulted on their credit card debt with an unpaid balance of $2300.31. Citibank referred the matter for collection…