DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
163173P.pdf 08/29/2017 Steven Demarais v. Gurstel Chargo, P.A.
U.S. Court of Appeals Case No: 16-3173
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Benton, Author, with Beam and Murphy, Circuit Judges]
Civil case - Fair Dept Collection Practices Act. Plaintiff's allegations
concerning defendant's actions were sufficient to allege concrete injuries
in fact, and he had standing to sue; the district court erred in
determining plaintiff's action was time-barred as separate communications
can create separate causes of action arising from collection of a single
debt; plaintiff's complaint plausibly pled that defendant threatened to
take an action - go to trial - it did not intend to take and plausibly
pled a violation of Section 1692e; the district court erred in dismissing
plaintiff's claim that defendant's letter and discovery requests
concerning a dismissed action violated Section 1692f(1). Judge Beam
concurs in the judgment.