IN RE ANDERSON

Docket No. 16-2496 August Term, 2017.

884 F.3d 382 (2018)

IN RE: Orrin S. ANDERSON, aka Orrin S. Anderson, aka Orinn Scott Anderson, Debtor. Orrin S. Anderson, on behalf of himself and all others similarly situated, AKA Orinn Scott Anderson Plaintiff-Appellee, v. Credit One Bank, N.A., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 7, 2018.


Attorney(s) appearing for the Case

GEORGE F. CARPINELLO , Boies, Schiller & Flexner LLP, ( Adam R. Shaw , Anne M. Nardacci , and Jenna C. Smith , on the brief), Albany, NY, for Plaintiff-Appellee.

Charles Juntikka , New York, NY, for Plaintiff-Appellee (on the brief).

NOAH A. LEVINE , Wilmer Cutler Pickering Hale and Dorr, LLP ( Alan E. Schoenfeld , on the brief), New York, NY, for Defendant-Appellant.

Michael David Slodov , Chagrin Falls, OH, for Defendant-Appellant.

Evan M. Tager , Charles E. Harris, II , Mayer Brown LLP, Washington, D.C. and Kate Comerford Todd , Warren Postman , U.S. Chamber Litigation Center, for amicus curiae Chamber of Commerce of the United States of America in support of Defendant-Appellant Credit One Bank, N.A.

Tara Twomey , National Consumer Bankruptcy Rights Center, San Jose, CA for amici curiae Professors Ralph Brubaker, Robert M. Lawless , and Bruce A. Markell in support of Plaintiff-Appellee Orrin S. Anderson.

Before: POOLER and DRONEY, Circuit Judges, and RAMOS, District Judge.


Orrin Anderson was a credit card holder with a predecessor in interest of Credit One Bank, N.A. ("Credit One"). In March 2012, Credit One "charged off" Anderson's delinquent debt, which means the bank changed the outstanding debt from a receivable to a loss in its own accounting books. It then sold Anderson's debt to a third...

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