Legal Opinion · Concurring in part, dissenting in part
Vien-Phuong Thi Ho v. ReconTrust Co.
Court of Appeals for the Ninth Circuit
Decided October 19, 2016No. 10-56884Published
1Concurring in part, dissenting in partKorman, District Judge
The majority opinion opens with the principal question presented by this case: “[Wjhether the trustee of a California deed of trust is a ‘debt collector’ under the Fair *578Debt Collection Practices Act (FDCPA).” Maj. Op. at 570. After a discussion of the issue, the majority concludes by observing that the phrase “debt collector” is “notoriously ambiguous” and that, given this ambiguity, we should refuse to construe it in a manner that interferes with California’s arrangements for conducting nonjudicial foreclosures. Maj. Op. at 576-77.
My reading of the Fair Debt Collection Practices Act…
2Cases cited24 opinions
- Yvanova v. New Century Mortgage Corp.California Supreme Court · 2016
- Reese v. Ellis, Painter, Ratterree & Adams, LLPCourt of Appeals for the Eleventh Circuit · 2012
- Donohue v. Quick Collect, Inc.Court of Appeals for the Ninth Circuit · 2010
- Gonzales v. Arrow Financial Services, LLCCourt of Appeals for the Ninth Circuit · 2011
- Dale Kaymark v. Bank of America NACourt of Appeals for the Third Circuit · 2015
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