Joann Riggs v. Prober & Raphael, a Law Corp.

Plaintiff-Appellant Joann Riggs filed an action against Defendants-Appellees Prob-er & Raphael, a debt-collection law firm, and Dean Prober, Esq. (together, “Prob-er”) after Prober sought to collect a debt Riggs owed to Prober’s client, Fireside Bank. Riggs alleged that Prober’s debt collection letter did not comply with the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., or its state equivalent, the Rosenthal Fair Debt Collection Practices Act (“Rosenthal Act”), Cal. Civ.Code § 1788 et seq., namely by impermissibly requiring her to dispute her debt in writing and, as a result, misrepresenting her rights to dispute her debt. The district court granted Prober summary judgment and Riggs appeals.

We have previously held that a collection letter, called a “validation notice” or “Dunning letter,” violates § 1692g(a)(3) of the FDCPA “insofar as it state[s] that [the debtor’s] disputes must be made in writing.” Camacho v. Bridgeport Fin., Inc., 430 F.3d 1078, 1082 (9th Cir.2005). Unlike the validation notice at issue in Camacho , Prober’s notice did not state that Riggs must dispute her debt in writing. Riggs argues that Prober’s notice nonetheless…