District Court (Cal.) Says FDCPA Has No “Holding Out” Theory: A Debt Collector Must Be A Debt Collector
In Gonzalez v. Sallie Mae Bank, No. 18cv2457, 2019 U.S. Dist. LEXIS 157007, at *3-5 (S.D. Cal. Sep. 12, 2019), Judge Burns held that a debt collector must meet the definition of a debt collector under the FDCPA, not just "hold out" inferences that it might be one. SMB points out that it is a lender, not a debt collector… Read More