Clark v. Capital Credit & Collection Services, Inc.

MEMORANDUM *

In their action pursuant to the federal Fair Debt Collection Practices Act and the Oregon Unfair Debt Collection Practices Act, Linda and Jerry Clark appeal the district court’s order granting summary judgment and the jury verdict on the trial of a residual issue. Capital Credit & Collection Services, Inc. (“Capital”), Janine *625 Brumley, and Jeffrey Hasson cross-appeal, challenging the district court’s post-trial denial of attorney’s fees under Oregon law.

In this memorandum disposition, we affirm the district court’s grant of summary judgment as to 15 U.S.C. §§ 1692g(b) and 1692e(3) and denial of attorney’s fees. We address the remaining issues raised on appeal in a separate opinion.

I.

Clark Appeal

Appellants’ argument that appellees violated 15 U.S.C. § 1692g(b) is without merit. Uncontroverted evidence demonstrates that appellees obtained an itemized statement of the alleged debt from the creditor and mailed that verification to appellants before sending further collection notices or initiating legal action.

Though appellants argue that the verification letter sent by Hasson constituted a violation of 15 U.S.C. § 1692e(3), they do not point to evidence…