Phillips v. Asset Acceptance, LLC’s Empirical Analysis
736 F.3d 1076 · 2013
Citation profile
16 federal appellate · 1 district · 3 state decisions
Relationships
Applies 15 U.S.C. § 1692 (Fair Debt Collection Practices Act) · 15 U.S.C. § 1692E (Fair Debt Collection Practices Act) · 15 U.S.C. § 1692K (Sherman Antitrust Act)
Relies on Amchem Products, Inc. v. Windsor · Pierce v. Underwood · General Telephone Co. of Southwest v. Falcon · Deposit Guaranty National Bank v. Roper · Wal-Mart Stores, Inc. v. Dukes
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) “few unsophisticated consumers would be aware that a statute of limitations could be used to defend against lawsuits based on stale debts” and would therefore “unwittingly acquiesce to such lawsuits”; (2) “the passage of time ... dulls the consumer’s memory of the circumstances and validity of the debt”; and (3) the delay in suing after the limitations period “heightens the probability that [the debtor] will no longer have personal records” about the debt.”
5 later decisions quote this exact passage · from the majority“[Fjiling a complaint may cause actual harm to the debtor: a pending legal action, even pre-service, could be a red flag to the debtor’s other creditors and anyone who runs a background or credit check, including landlords and employers. The debt collector may also use the pending legal action to pressure a debt- or to pay back the debt informally, without serving the complaint — precisely the type of unfair practice prohibited by the FDCPA.”
2 later decisions quote this exact passage · from the majority“the threat to take any action that cannot legally be taken”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.