No. 18-991

Levi Huebner v. Midland Credit Management, et al.

Lower Court: Second Circuit
Docketed: 2019-01-30
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split consumer-protection consumer-rights fair-debt-collection fair-debt-collection-practices-act least-sophisticated-consumer oral-dispute statutory-interpretation written-dispute
Key Terms:
Securities Privacy ClassAction JusticiabilityDoctri
Latest Conference: 2019-02-22
Question Presented (AI Summary)

Whether oral disputes under the Fair Debt Collection Practices Act must be treated with the same validity as written disputes

Question Presented (OCR Extract)

QUESTIONS FOR REVIEW 1. Under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692e(8), 16929(a)(3), is a debt collector required to treat a consumer’s oral dispute with the same validity as one made in writing as held by the First, Second (pre-Huebner), Fourth, Sixth, and Ninth Circuits, together with the Consumer Financial Protection Bureau (CFPB); or treat the dispute with less validity as held by the Third Circuit for not being in writing; further is the collector precluded from requiring the consumer disputing a debt to disclose why there is a dispute, as held by the First, Second (pre-Huebner), Fifth, and Seventh Circuits, together with the CFPB; or as the Second Circuit (post-Huebner), which held the collector can treat the dispute with less validity for failing to disclose “why” there is a dispute; or as the First, Fifth, and Seventh Circuits held that the statutory protection of 15 U.S.C. § 1692e(8) “knows or should know” standard requires no notification by the consumer, written or oral, and instead, depends solely on the debt collector's knowledge that a debt is disputed? 2. Does the evaluation of the least sophisticated consumer rest upon a question of fact as held by the Sixth, Seventh, and Eleventh Circuits together with the States of New York, Maryland, and California; or a question of law as held by the Second, Third, Fourth, Fifth, Ninth, and Tenth Circuits together with the State of Oklahoma?

Docket Entries

2019-02-25
Petition DENIED.
2019-02-06
DISTRIBUTED for Conference of 2/22/2019.
2019-02-04
Waiver of right of respondents Midland Credit Management, Inc., et al. to respond filed.
2018-12-17
Petition for a writ of certiorari filed. (Response due March 1, 2019)
2018-09-26
Application (18A315) granted by Justice Ginsburg extending the time to file until December 17, 2018.
2018-09-21
Application (18A315) to extend the time to file a petition for a writ of certiorari from October 17, 2018 to December 16, 2018, submitted to Justice Ginsburg.

Attorneys

Levi Huebner
Lucille Alice RoussinLaw Office of Lucille A. Roussin, Petitioner
Lucille Alice RoussinLaw Office of Lucille A. Roussin, Petitioner
MIDLAND CREDIT MANAGEMENT, et al.
Shane HaselbarthMarshall Dennehey Warner Coleman & Goggin, Respondent
Shane HaselbarthMarshall Dennehey Warner Coleman & Goggin, Respondent