Bennett

*727 MEMORANDUM *

American Medical Response, Inc., (“AMR”) appeals a default judgment imposed for violations of the Fair Debt Collection Practices Act (“FDCPA”) and negligent collection practices. On appeal, AMR contends the district court (1) lacked jurisdiction; (2) erred in awarding $649,000 in punitive damages; and (3) erred in denying AMR’s motion to set aside the default judgment.

1.

We review de novo the existence of subject matter jurisdiction. See Coyle v. P.T. Garuda Indonesia, 363 F.3d 979 , 984 n. 7 (9th Cir.2004).

Because this case arises under federal law, we have jurisdiction under 28 U.S.C. § 1331 and 15 U.S.C. § 1692k(d). Whether AMR was a debt collector within the meaning of 15 U.S.C. § 1692a is not a jurisdictional fact, but rather an element of Bennett’s claim under the FDCPA. See Arbaugh v.Y & H Corp., 546 U.S. 500 , 126 S.Ct. 1235, 1244-45 , 163 L.Ed.2d 1097 (2006). Here, Bennett alleged “a colorable claim ‘arising under’ ” the FDCPA see id. at 1244, and therefore the district court properly asserted federal question jurisdiction. Consequently, the district court possessed supplemental jurisdiction over Bennett’s state law negligence and punitive damages…