Jesse Meyer v. Portfolio Recovery Associates

ORDER

The opinion filed on October 12, 2012, and appearing at 696 F.3d 943 , is amended as follows:

On page 12258 of the slip opinion, replace the final two sentences of the third paragraph with the following language:

An amended opinion is filed concurrently with this order.

With this amendment, Judges Fisher and Christen vote to deny Appellant’s petition for panel rehearing and rehearing en banc, filed on October 26, 2012, and Judge Nelson so recommends. The full court has been advised of the petition for rehearing and rehearing en banc and no judge requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for panel rehearing and rehearing en banc is DENIED. No further petitions for en bane or panel rehearing shall be permitted.

OPINION

Portfolio Recovery Associates, LLC (PRA) appeals the September 14, 2011 district court order granting Jesse Meyer’s motion for a preliminary injunction and provisional class certification. Meyer’s complaint alleged that PRA’s debt collection efforts violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 . The district court’s preliminary injunction restrained PRA from using its Avaya…