Van

Van v. Grant & Weber

Good Law
308 F. App'x 46
United States Court of Appeals for the Ninth CircuitDecember 29, 2008No. 07-56122California499 words

Opinion

Lead Opinion

MEMORANDUM **

Gianni Van, a debtor, appeals from an order of the district court granting the motion for summary judgment filed by the defendant, Grant & Weber, a debt collector. The complaint, which alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692 -1692p, arose out of a collection letter Grant & Weber sent to Van, stating: “The Rosen-thal Act, California Civil Code Section 1788.21, also requires that you notify your creditor of your change of name, address, or employment for any existing consumer credit.” Van argues that this statement is misleading because California Civil Code § 1788.21(b) requires such notification only in the event the creditor clearly discloses that requirement in writing in the original agreement. Consequently, Van argues that the allegedly misleading statement violated several provisions of the FDCPA. We affirm.

Grant & Weber’s letter did not misstate California Civil Code § 1788.21. Under California law, with respect to “any consumer credit existing or requested to be extended,” a debtor “shall within a reasonable time notify the creditor ... of any change in [the debtor’s] name, address, or employment,” Cal.…

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