MEYER v. PORTFOLIO RECOVERY ASSOCIATES, LLC

No. 11-56600.

707 F.3d 1036 (2012)

Jesse MEYER, an individual, on his own behalf and on behalf of all others similarly situated, Plaintiff-Appellee, v. PORTFOLIO RECOVERY ASSOCIATES, LLC, a Delaware limited liability company, Defendant-Appellant, and Does, 1 — 100, inclusive, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed October 12, 2012.

Amended December 28, 2012.


Attorney(s) appearing for the Case

Christopher W. Madel (argued) and Jennifer M. Robins , Robins, Kaplan, Miller & Ciresi LLP, Minneapolis, MN; Edward D. Lodgen and Julia V. Lee , Robins, Kaplan, Miller & Ciresi LLP, Los Angeles, CA, for Defendant-Appellant.

Ethan Preston (argued), Preston Law Offices, Phoenix, AZ; David C. Parisi and Suzanne Havens Beckman , Parisi & Havens LLP, Sherman Oaks, CA, for Plaintiff-Appellee.

Jan Chilton , Severson & Werson, San Francisco, CA, for Amici Curiae American Financial Services Association and California Financial Services Association.

Thomas Pinder , Washington, D.C., for Amicus Curiae American Bankers Association.

Before: D.W. NELSON, RAYMOND C. FISHER, and MORGAN CHRISTEN, Circuit Judges.


ORDER

The opinion filed on October 12, 2012, and appearing at 696 F.3d 943, is amended as follows:

On page 12258 of the slip opinion, replace the final two sentences of the third paragraph with the following language:

Pursuant to the FCC ruling, prior express consent is consent to call a particular telephone number in connection with a particular debt that is given before...

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