Ramirez

Ramirez v. Midland Credit Management, Inc.

Good Law
United States District Court, Northern District of CaliforniaFebruary 27, 20233:22-cv-02772California1,142 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ADRIANNA HERRERA RAMIREZ, Case No. 22-cv-02772-VC

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS

MIDLAND CREDIT MANAGEMENT, Re: Dkt. No. 48 INC., et al., Defendants.

Capital One’s motion to dismiss is denied. Ramirez alleges that Capital One violated section 1692e of the Fair Debt Collection Practices Act—and therefore the Rosenthal Act—by calling her to collect a debt that did not belong to her. See 15 U.S.C. § 1692e (prohibiting debt collectors from using “false, deceptive, or misleading representation or means in connection with the collection of any debt.”); Cal. Civ. Code § 1788.17 (incorporating by reference section 1692e of the Fair Debt Collection Practices Act). The act of calling Ramirez one time about a debt—and confirming on that same call that Ramirez was not the debtor—appears both innocent and harmless. But the Fair Debt Collection Practices Act is a strict liability statute. Tourgeman v. Collins Financial Services, Inc., 755 F.3d 1109, 1119 (9th Cir. 2014). It is also a remedial statute that “should be construed liberally in favor of the consumer.” Id. at 1118.…

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