Holmes v. NCO Fin. Servs., Inc., 538 F. App'x 765 (9th Cir. 2013)
Aug 08, 2013OUTCOME: Summary judgment reversed, afer remand, the district court approved a favorable class action settlement
Debt collection case where defendant claimed it could not have known that alleged creditor had informed it of disputed debts; summary judgment reversed because defendant should have checked alleged cr ... editor's database for disputes: "had NCO clicked on the applicable button on the Oasis interface, it would have discovered that its access to essential information was blocked and needed to be restored before NCO could report the account to a credit reporting agency. Viewing all the evidence in the light most favorable to Holmes, a trier of fact could conclude that a reasonable debt collector in NCO's position should have known that Holmes's account was disputed."
