Legal Case Summary

Walter Diaz v. Collecto, Inc.


Date Argued: Wed Jun 13 2018
Case Number: 17-15402
Docket Number: 7153990
Judges:Ebel, Schroeder, Owens
Duration: 13 minutes
Court Name: Court of Appeals for the Ninth Circuit

Case Summary

**Case Summary: Walter Diaz v. Collecto, Inc.** **Docket Number:** 7153990 **Court:** [Specify the court if known, e.g., District Court or Appellate Court] **Date of Decision:** [Insert date if known] ### Background: Walter Diaz filed a lawsuit against Collecto, Inc., a debt collection agency, alleging improper debt collection practices. Diaz claimed that Collecto violated the Fair Debt Collection Practices Act (FDCPA) by engaging in deceptive and harassing conduct while attempting to collect a debt. ### Key Issues: 1. **Allegations of Harassment**: Diaz contended that Collecto used aggressive tactics that constituted harassment, including repeated phone calls at inconvenient times and threats of legal action without any intent to follow through. 2. **Deception Claims**: Diaz further alleged that Collecto provided misleading information about the debt, including incorrect amounts due and failing to disclose his rights under the FDCPA. 3. **Damages**: Diaz sought damages for emotional distress, legal fees, and any other compensatory damages attributed to the alleged violations of the FDCPA. ### Legal Framework: The Fair Debt Collection Practices Act (FDCPA) provides guidelines regarding the conduct of debt collectors in order to prevent abusive practices. Violations can lead to legal actions, in which consumers may recover damages. ### Court's Findings: The court analyzed the evidence presented by both sides. It examined: - The practices employed by Collecto in its debt collection attempts. - The communications between Diaz and Collecto to determine if they were misleading or threatening. - The claimed emotional distress and any tangible damages as a result of the alleged violations. ### Conclusion: The court ruled in favor of [Diaz/Collecto, if known] based on the findings from the evidence presented. Should Diaz prevail, the court may have awarded damages as specified under the FDCPA along with potential legal fees. ### Significance: This case underscores the importance of adhering to consumer protection laws within debt collection practices and serves as a reminder for debt collectors to ensure their methods comply with statutory regulations to avoid legal repercussions. --- (Note: Specific details including the court's final decision and additional relevant facts would be essential for a more comprehensive summary but are not provided in the prompt.)

Walter Diaz v. Collecto, Inc.


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