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Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/relwcc0007 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations CONSUMER CONTRACTS (DRAFTS) § 1. Definitions, Scope, and Outline C.A.10, 2022. Subsec. (a)(8) quot. in ftn. (quoting § 1(a)(8) of T.D. No. 2, 2022). Student-loan debtor filed a putative class action against debt collector hired by creditor to collect his debt, alleging that debt collector violated the Fair Debt Collection Practices Act by sending a wage-garnishment letter to his employer that deceptively appeared as though it were sent by creditor. The district court granted debt collector's motion to dismiss. Affirming, this court held that no reasonable consumer would have been materially misled by the letter; even if a reasonable consumer would believe that creditor sent the letter, debtor failed to demonstrate how that would frustrate the reasonable consumer's ability to respond. The court indicated that it found the definition of reasonable set forth in Restatement of the Law, Consumer Contracts § 1 helpful in determining consumer understanding. Tavernaro v. Pioneer Credit Recovery, Inc., 43 F.4th 1062, 1072. § 7. Deception C.A.10, 2022. Rptrs' Note quot. in ftn. (quoting Rptrs' Note to § 7 of T.D. No. 2, 2022). Student-loan debtor filed a putative class action against debt collector hired by creditor to collect his debt, alleging that debt collector violated the Fair Debt Collection Practices Act by sending a wage-garnishment letter to his employer that deceptively appeared as though it were sent by creditor. The district court granted debt collector's motion to dismiss. Affirming, this court held that no reasonable consumer would have been materially misled by the letter; even if a reasonable consumer would believe that creditor sent the letter, debtor failed to demonstrate how that would frustrate the reasonable consumer's ability to respond. The court noted that Restatement of the Law, Consumer Contracts § 7 also understood deception to be viewed from the perspective of the reasonable consumer. Tavernaro v. Pioneer Credit Recovery, Inc., 43 F.4th 1062, 1072. COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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