Thomas

Thomas v. U.S. Bank, N.A.

Good Law
325 F. App'x 592
United States Court of Appeals for the Ninth CircuitMay 19, 2009No. 07-36100California326 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff George Thomas (“Thomas”) brought this suit against Defendant U.S. Bank for its attempts to collect an uncol-lectible debt from Thomas and for two pulls of Thomas’s credit report, claiming U.S. Bank’s conduct violated Oregon statutes and the federal Fair Credit Reporting Act (“FCRA”). Thomas appeals various rulings by the district court.

We affirm the district court’s grant of summary judgment on Thomas’s claims under the Oregon Unlawful Debt Collection Practices Act (“UDCPA”). Thomas’s claim under Or.Rev.Stat. § 646.639(2)(m) fails because he presented no evidence that U.S. Bank represented that Thomas’s debt would be increased by fees or other charges. Thomas’s claim under Or.Rev. Stat. § 646.639(2)(n) fails because he presented no evidence that the difference between his actual debt amount and the amount U.S. Bank attempted to collect was attributable to added interest or fees. Thomas’s claim under Or.Rev.Stat. § 646.639(2)(k) fails because a litigation is not a “right or remedy” that was unavailable to U.S. Bank when it threatened to sue. Porter v. Hill, 314 Or. 86 , 838 P.2d 45, 49 (1992); Pro Car Care, Inc. v. Johnson, 201 Or.App. 250 , 118 P.3d 815,…

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