Rita Camacho, on Behalf of Herself and All Others Similarly Situated v. Bridgeport Financial Inc., and Ray Lewis, Christina Harbridge

Good Law
430 F.3d 1078·2005 WL 3358682·2005 U.S. App. LEXIS 27087
United States Court of Appeals for the Ninth CircuitDecember 12, 200504-17126California2,083 words

Opinion

Opinion

Tashima, J.

Rita Camacho (“Camacho”), a debtor, sued Bridgeport Financial, Inc. (“Bridgeport Financial”), a debt collector, for violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692g and 1692e. Camacho alleges that Bridgeport Financial’s initial collection notice, which stated that Camacho could only dispute the validity of the debt in writing, misrepresented Camacho’s rights. The district court denied Bridgeport Financial’s motion to dismiss, concluding that Camacho had stated a viable claim under the plain meaning of the statute. The district court certified the issue for interlocutory appeal and we granted the petition under 28 U.S.C. § 1292 (b). We affirm.

BACKGROUND

Camacho’s debt of $42.57 was assigned to Bridgeport Financial by Into Video. In its initial collection communication, Bridgeport Financial included the statement: “Unless you notify this office in writing within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid.” (Emphasis added.) Camacho sued under §§ 1692g and 1692e of the FDCPA, alleging that this statement misrepresented the rights of consumers…

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