112 F. Supp. 2d 937 - Irwin v. Mascott’s Empirical Analysis

Citation profile

8 federal appellate · 4 district · 3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.”

   2 later decisions quote this exact passage
   e.g. 424 F. Supp. 2d 643 - Foti v. NCO Financial Systems, Inc. · Sayyed v. Wolpoff & Abramson

2. “[Appellants] assert[ ] that [appellee] violated 15 U.S.C. § 1692g(a)(3) by failing to give the [appellants] 30 days from the date of the receipt of the original communication from the [appellee] to dispute the debt owed. While the notice gives the [appellants] 30 days notice to dispute the debt, it does so from the date on the notice, not from the date that the notice was received. A debt collector must, within five days after the initial communication with a consumer in connection with the collection of any debt, provide the consumer with a statement that the debtor collector will assume that the debt is valid unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof. 15 U.S.C. § 1692g(a)(3). The notice may be contained in the original communication. In this case, the notice does not strictly comport with the requirements of Section 1692g(a)(3). Section 1692k(c), however, exempts from liability any debt collector who can show by a preponderance of the evidence that “the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.” In this case, the principal of the [appellee], Betty Wheel-ock, testified that she was unaware that the notice was in violation of the section, that she had purchased a noticing program from an entity that had assured here [sic ] that it was in compliance with all applicable statutes and”

   1 later decision quote this exact passage
   e.g. In Re Accelerated Recovery Systems, Inc.

3. “[a]buses by attorney debt collectors are more egregious than those of lay collectors.” Irwin v. Mascott, 112 F.Supp.2d 937, 948 (N.D.Cal.2000); see also Guerrero v. RJM Acquisitions L.L.C., 499 F.3d 926, 935 (9th Cir.2007) (”

   1 later decision quote this exact passage
   e.g. Schwarm v. Craighead