John Dunlap, on Behalf of Himself and All Others Similarly Situated v. Credit Protection Association, L.P.

Plaintiff-appellant John Dunlap claims that the use of the name, “Credit Protection Association,” in the context of a debt collection letter, violates various provisions of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692e. The district court dismissed the case on the pleadings and granted judgment in favor of the defendant-appellee, Credit Protection Association, L.P. (“CPA”). We affirm.

Dunlap allegedly incurred a debt of $12.90 to Blockbuster Video. Blockbuster referred the alleged debt to CPA for collection purposes. On November 15, 2002, CPA sent a collection or “dunning” letter to Dunlap. The letterhead bears the defendant’s name, “Credit Protection Association,” in large, capital lettering. The letterhead’s sub-headings indicate that CPA is a “nationwide collection company” and warn that the letter “is an attempt to collect a debt” and that “any information obtained will be used for that purpose,” in compliance with the FDCPA. 15 U.S.C. § 1692e(ll). The body of the letter notifies Dunlap that Blockbuster’s records indicate that his account is past due and informs him of his right to dispute the debt, as required by 15 U.S.C. § 1692g(a).

The FDCPA broadly…