David v. FMS SERVICES’s Empirical Analysis

Citation profile

1 federal appellate ·

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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is understandable that David would be concerned by the Notice considering the previous improper garnishment of her wages for a debt also in the name of the Addressee, and consequently David may have subjectively understood the Notice to falsely seek to collect a debt from her, but this does not create a cause of action against FMS. Objectively, it is undisputed that the Notice was addressed to an individual with a different first name from David, and the bank account referenced was not hers. Even an unsophisticated consumer knows her own name and David confirmed there was no confusion on this point. In fact, in her response to FMS, she wrote “[t]his is not my name.””

   1 later decision quote this exact passage · from the majority
   e.g. 574 F. Supp. 2d 819 - Hill v. Javitch, Block & Rathbone, LLP

2. “As David concedes, the Notice was not addressed to her. FMS asserts that David should not have even opened the Notice. Leaving this objection aside, the Citibank account referenced in the Notice was not David’s account. FMS incorrectly sent a debt collection notice directed at another individual to David’s address, nothing more. David fails to identify any conduct on the part of FMS that indicates it was attempting to collect a debt from her.”

   1 later decision quote this exact passage · from the majority
   e.g. 574 F. Supp. 2d 819 - Hill v. Javitch, Block & Rathbone, LLP