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GONZALES v. ARROW FINANCIAL SERVICES, LLC

No. 10-55379.

660 F.3d 1055 (2011)

Johnny GONZALES, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. ARROW FINANCIAL SERVICES, LLC, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 23, 2011.

Attorney(s) appearing for the Case

David M. Schultz , Joel David Bertocchi , and Jennifer W. Weller , Hinshaw & Culbertson, LLP, Chicago, IL, for the defendant-appellant.

Elizabeth J. Arleo , Arleo Law Firm, Ramona, CA, Owen Randolph Bragg and Craig M. Shapiro , Horwitz, Horwitz & Associates, Chicago, IL, Shaun Khojayan , Beverly Hills, CA, and Richard John Rubin , Santa Fe, NM, for the plaintiff-appellee.

Opinion by Judge B. FLETCHER; Dissent by Judge N.R. SMITH.

OPINION

B. FLETCHER, Circuit Judge:

Appellant Arrow Financial Services ("Arrow") appeals the district court's decision, on summary judgment, that letters sent by Arrow to nearly 40,000 California residents constituted "false, deceptive, or misleading representation[s] . . . in connection with the collection of any debt" in violation of the federal Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692e. It also appeals a jury's award, after...

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