Kalinina

Kalinina v. Midland Credit Management, Inc.

Good Law
197 F. App'x 573
United States Court of Appeals for the Ninth CircuitAugust 9, 2006No. 04-16797California343 words

Opinion

Lead Opinion

MEMORANDUM ***

Janna Kalinina appeals the judgment of the district court granting defendants’ mo *574 tion to dismiss her claim that the defendants sent her, as well as others similarly situated, collection letters that violated the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1962 et seq. We affirm.

First, the defendants did not violate the FDCPA by setting forth, in their collection letters, settlement offers containing an expiration date. The letters did not indicate that no other offers would be made. Instead, the expiration date was simply a term of the specific offer being made. A least sophisticated debtor would understand that the expiration of one offer did not foreclose the possibility of other offers.

Second, the debt validation notice was not overshadowed or contradicted by other language in the initial collection letter. See Renick v. Dun & Bradstreet Receivable Management Serv., 290 F.3d 1055, 1057-58 (9th Cir.2002); Terran v. Kaplan, 109 F.3d 1428, 1432 (9th Cir.1997). 1 In fact, the initial collection letter did not require Kalinina to take any action prior to the expiration of the thirty-day validation period.

Third, a least sophisticated debtor…

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