ZIMMERMAN v. PUCCIO

No. 09-1416.

613 F.3d 60 (2010)

Andrew ZIMMERMAN; Kelly Zimmerman, On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, Appellees, v. John PUCCIO; Richard Puccio, Defendants, Appellants, Cambridge Credit Counseling Corp.; Cambridge/Brighton Budget Planning Corp.; Debt Relief Clearinghouse, Ltd.; Cambridge Credit Corp.; Cypress Advertising and Promotions, Inc.; Brighton Credit Corp.; Brighton Debt Management Services, Ltd.; Brighton Credit Corp. of Massachusetts; Cambridge Consumer Credit Index, Inc.; Southfork Asset Management Corp.; Capital One Bank; Capital One Credit Card Services; Capital One F.S.B.; Chase Manhattan Bank U.S.A.N.A.; JPMorgan Chase & Co.; Providian Bancorp Services; Providian Bank; Providian Financial Corporation; USAA Federal Savings Bank; USAA Savings Bank; First Consumer CMC Corp., Defendants.

United States Court of Appeals, First Circuit.

Decided July 27, 2010.


Attorney(s) appearing for the Case

Charles P. Kindregan, with whom Nancy L. Perlman and Looney & Grossman LLP were on brief, for appellants.

David J. Vendler, with whom Richard H. Nakamura, Jr., Maureen M. Home, Morris Polich & Purdy LLP, G. Oliver Koppell, John F. Duane, Daniel F. Schreck, Law Offices of G. Oliver Koppell, Stephen G. Hennessy, Gregory S. Duncan, Garrett Minor Smith, Michie Hamlett Lowry Rasmussen & Twell, Joseph Seth Tusa, and Whalen & Tusa, P.C., were on brief, for appellees.

Before LIPEZ, Circuit Judge, SOUTER, Associate Justice, and SELYA, Circuit Judge.


LIPEZ, Circuit Judge.

Appellants John and Richard Puccio appeal from the district court's grant of summary judgment to the plaintiffs, Andrew and Kelly Zimmerman, on behalf of a class of clients of Cambridge Credit Counseling Corporation ("Cambridge"), one of the Puccios' business enterprises, pursuant to the Credit Repair Organizations Act ("CROA"), 15 U.S.C. §§ 1679-1679j. CROA was enacted by Congress in 1996 to protect the public from unfair or deceptive...

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