Schwarm v. Craighead’s Empirical Analysis

Citation profile

1 district · 1 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Pressley v. Capital Credit & Collection Serv., Inc., 760 F.2d 922 (9th Cir. 1985), the Ninth Circuit held that § 1692e(11)’s requirements do not apply to a follow up notice which only demands a payment as earlier requested so long as there is no evidence that the debt collector’s communications were abusive, false, deceptive, or misleading. Id. at 925. The court reasoned that a follow up notice did not constitute a communication as used in § 1692e(11). Id. The court’s decision, however, was based on a prior version of § 1692e(11). Id. Unlike the prior version, which applied to all communications, Congress amended subsection (11) in 1996 to differentiate between initial communications and subsequent communications. 15 U.S.C. § 1692e(11). The 1996 amendment also limited the requisite disclosure for subsequent communications to include only that the communication is from a debt collector. This limitation is consistent with the Ninth Circuit’s reasoning that Congress did not intend for the full disclosure the pre-1996 version of subsection (11) required to be in every subsequent communication. Id. Therefore, in light of the 1996 amendments to § 1692e(11), the Ninth Circuit’s holding that § 1692e(11) does not apply to follow up notices is no longer good law.”

   1 later decision quote this exact passage · from the majority
   e.g. 940 F. Supp. 2d 1151 - Pasquale v. Law Offices of Nelson & Kennard

2. “The term 'debt collector' means any person who uses any instrumentality of interstate commerce ... in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.”

   1 later decision quote this exact passage · from the majority
   e.g. McCrobie v. Palisades Acquisition Xvi, LLC

3. “[T]here is a split of authority about whether the corporate form insulates the shareholder, officer, or director from personal liability under the FDCPA.”

   1 later decision quote this exact passage · from the majority
   e.g. McCrobie v. Palisades Acquisition Xvi, LLC