Case Law Alerts
No genuine issue of material fact exists where plaintiff's unsupported recollections differ from evidence presented by defendant.
The plaintiff argued that the defendant violated the FDCPA by contacting her continuously and repeatedly. The defendant's account notes reflected that it attempted to call the plaintiff's cell phone 125 times over a span of 135 days, with multiple calls on 38 of those days. Neither side produced evidence that the defendant communicated directly with the plaintiff. On a motion for summary judgment, the court noted that, although the volume of calls seemed relatively high, the plaintiff failed to produce evidence of the defendant's egregious conduct, including evidence that she disputed the debt or that she made a request to cease contact. Accordingly, the court determined that, because the plaintiff failed to produce such evidence, she failed "[t]o raise a triable issue of fact regarding defendant's intent to 'annoy, abuse, or harass.'" In other words, aside from the plaintiff's self-serving testimony, there was no evidence that triggered liability under Sections 1692d and 1692d(5) of the FDCPA and that call volume alone was not sufficient to overcome the motion for summary judgment.
Case Law Alerts, 3rd Quarter, July 2017
Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2017 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.