Evans v. Portfolio Recovery Associates, LLC

Dist. Ct. did not err in granting plaintiffs’ motions for summary judgment in action under section 1692e(8) of Fair Debt Collection Practices Act, alleging that defendant-debt collection agency improperly reported plaintiffs’ debts to credit reporting agencies without noting that their debts were disputed, when plaintiffs had previously sent letters stating that “the amount reported is not accurate.” Defendant’s failure to accurately report fact that plaintiffs had disputed debt was sufficient to demonstrate appreciable risk of harm so as to support finding that plaintiffs had standing to bring instant matter. Moreover, plaintiffs’ declarations that debt was not accurate was sufficient to communicate to defendant that debt was in dispute. Fact that plaintiffs’ attorney used term “dispute” in other letters to defendant to contest amount of debt did not require different result. Ct. further found that instant misrepresentation to credit reporting agencies satisfied “material” element of section 1692e. Also, defendant was not entitled to assert bona fide error defense, since defendant merely claimed that it made error of law for purposes of section 1692e(8) in determining that plaintiffs’ letters did not communicate that they had disputed their debts.