TOURGEMAN v. COLLINS FINANCIAL SERVICES, INC.

No. 12-56783.

755 F.3d 1109 (2014)

David TOURGEMAN, Plaintiff-Appellant, v. COLLINS FINANCIAL SERVICES, INC., DBA Precision Recovery Analytics, Inc., a Texas corporation; Nelson & Kennard, a partnership; Paragon Way, Inc.; Collins Financial Services USA, Inc., Defendants-Appellees, and Dell Financial Services, LP, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2014.


Attorney(s) appearing for the Case

Brett M. Weaver (argued), Johnson & Weaver, LLP, San Diego, California, and Daniel P. Murphy , Law Offices of Daniel Murphy, San Diego, California, for Plaintiff-Appellant.

Tomio B. Narita (argued) and Jeffrey A. Topor , Simmonds & Narita LLP, San Francisco, California, for Defendant-Appellee Nelson & Kennard.

Opinion by Judge FRIEDMAN; Dissent by Judge FARRIS.


OPINION

FRIEDMAN, District Judge.

This is a class action brought under the Fair Debt Collection Practices Act ("FDCPA" or "the Act"), 15 U.S.C. § 1692 et seq. Plaintiff David Tourgeman contends that the defendants — Collins Financial Services, Inc.; Paragon Way, Inc.; Nelson & Kennard; and Collins Financial Services USA, Inc. — made false representations to him in connection with their efforts to collect a purported debt.

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