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TOURGEMAN v. NELSON & KENNARD

No. 16-56190.

900 F.3d 1105 (2018)

David TOURGEMAN, Plaintiff-Appellant, v. NELSON & KENNARD, a partnership, Defendant-Appellee, and Collins Financial Services, Inc., dba Precision Recovery Analytics, Inc., a Texas corporation; Collins Financial Services USA, Inc.; Paragon Way, Inc.; Dell Financial Services, LP, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2018.

Attorney(s) appearing for the Case

Brett M. Weaver (argued), San Diego, California; Daniel P. Murphy , San Diego, California; for Plaintiff-Appellant.

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

Before: Richard C. Tallman and Jacqueline H. Nguyen, Circuit Judges, and Mark W. Bennett, District Judge.

OPINION

David Tourgeman appeals the dismissal of his consumer class action under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692, et seq. The FDCPA provides for class statutory damages "not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector[.]"...

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