Justia U.S. 5th Circuit Court of Appeals Opinion Summaries

Petitioners sought review of the Commission's final rule prohibiting the manufacture and sale of any children's toy or child care article that contains concentrations of more than 0.1 percent of any one of five phthalates.The Fifth Circuit held that EMCC has standing to bring its challenge to the Final Rule and the court has jurisdiction to review the Final Rule. The court also held that the Commission procedurally erred by not providing an adequate opportunity to comment on the rule and by failing to consider the costs of a portion of the rule. Having reviewed the record and the Final Rule, the court can discern the Commission's path for each of the six decisions at issue and held that its explanations are not "so implausible that it could not be ascribed to a difference in view or the product of agency expertise." Because there is a serious possibility that CSPC will be able to remedy its failures, the court concluded that remand, rather than vacatur, was appropriate in this case. View "Texas Association of Manufacturers v. United States Consumer Product Safety Commission" on Justia Law

The Fifth Circuit affirmed the district court's dismissal of plaintiff's claim under the Fair Debt Practices Act. Plaintiff filed suit after a debt collector spoke with plaintiff's sister over the phone, alleging that the debt collector violated the Act's prohibition on communicating with third parties about a consumer's debt. However, the court concluded that the conversation between plaintiff's sister and the debt collector was not a "communication" as defined by the statute. In this case, even taking the pleaded facts in the light most favorable to plaintiff, the conversation between the debt collector's representative and plaintiff's sister did not convey any information regarding a debt, either directly or indirectly. Rather, the representative mentioned "an important personal business matter," which does not even suggest the existence of a debt, much less provide information about it. View "Fontana v. HOVG LLC" on Justia Law

The Fifth Circuit affirmed the district court's dismissal of plaintiff's claims against Equifax and Experian under the Fair Credit Reporting Act after the consumer reporting agencies (CRAs) deleted a favorable credit item from his credit report and refused to restore it. The court held that plaintiff's 15 U.S.C. 1681e(b) claim fails where this provision does not hold a CRA strictly liable for all inaccuracies, Rather, the adequacy of a CRA's procedures is judged according to what a reasonably prudent person would do under the circumstances. In this case, the omission of a single credit item does not render a report inaccurate or misleading, and plaintiff has not alleged that the CRAs violated their stated disclosure policies or maintained an undisclosed policy of deleting certain favorable items.The court also held that plaintiff's section 1681i(a) claim fails because plaintiff disputed the completeness of his credit report, not of an item in that report. Therefore, plaintiff did not trigger the CRA's section 1681i(a) obligation to investigate. Finally, plaintiff's section 1681i(a)(5)(B)(ii) claim fails because Equifax had no duty to notify plaintiff where Equifax had not removed the credit item, and amending the pleading would be futile. View "Hammer v. Equifax Information Services, LLC" on Justia Law

The Fifth Circuit reversed the district court's dismissal of plaintiff's Fair Debt Collection Practices Act (FDCPA) claim against SCW. In this case, SCW identified itself as a "debt collector" representing Louisiana and Road Home in connection with the hurricane relief grant plaintiff received, and sought an overpayment per a Road Home Program Agreement. Plaintiff alleged on behalf of herself and a proposed class that SCW violated the FDCPA for its purported use of misrepresentation, false or deceptive means, and unfair or unconscionable means to collect a debt that cannot be legally taken.The court held that the district court erred in concluding that plaintiff's obligation to pay the Road Home Program did not fall under the FDCPA. The court applied the St. Pierre inquiry and held that plaintiff's obligation of repayment for excess grant money arises from a "transaction," which encompasses consensual agreements and negotiations like the one at issue; plaintiff voluntarily elected to avail herself of disaster relief money in exchange for consent to Road Home's covenants and subrogation agreements; and what plaintiff received in exchange for compliance with Road Home's terms was for the private benefit of a "personal, family, or household" service or good. Accordingly, the court remanded for further proceedings. View "Calogero v. Shows, Cali & Walsh, LLP" on Justia Law

Plaintiff filed suit against Merchant's surety, Travelers, alleging claims under the Fair Debt Collection Practices Act (FDCPA), alleging that 2017 collection letters were false or misleading and unfair or unconscionable for failing to disclose the time-barred nature of the debt. Plaintiff also alleged a claim under the Texas Debt Collection Act based on the same conduct.The Fifth Circuit affirmed the district court's grant of summary judgment to Merchants, but on alternative grounds. The court held that the letters seeking collection of time-barred debt, filled with ambiguous offers and threats with no indication that the debt is old, much less that the limitations period has run, misrepresent the legal enforceability of the underlying debt in violation of 15 U.S.C. 1692e(2) and (10). View "Manuel v. Merchants and Professional Bureau, Inc." on Justia Law

Plaintiff filed suit against a debt collection agency, alleging a violation of the Fair Debt Collection Practices Act (FDCPA). The district court held that the collections letter that was mailed to plaintiff accurately conveyed what was possible under Texas law—that interest could accrue—and was therefore not false, deceptive, or misleading.The Fifth Circuit affirmed the district court's grant of summary judgment for the agency, holding that the agency's dunning letter was not false, misleading, or deceptive in violation of the FDCPA. The court held that the language at issue in this case expresses a common-sense truism about borrowing and lending, and does not imply that interest or other charges may actually accrue on the debtor's account. View "Salinas v. R.A. Rogers, Inc." on Justia Law

Plaintiff requested that the court set aside a foreclosure sale of his residence because his lender mailed him a preforeclosure notice with the wrong deadline for curing default. In this case, the letter contained a deadline thirty days from the day the notice was printed, even though the deed of trust called for a deadline thirty days from the day the letter was mailed.The Fifth Circuit held that the district court correctly applied Texas precedents and denied plaintiff relief, because the lender's "minor" non-compliance with the terms of the deed of trust did not justify unwinding the foreclosure sale. The court held that the error in the foreclosure notice did not clearly harm or prejudice plaintiff, where he does not dispute that, even if the notice had stated the correct deadline, he would not have had the funds to pay the past-due balance on his account. View "Casalicchio v. BOKF, N.A." on Justia Law

Plaintiff appealed the district court's grant of summary judgment in favor of defendants in an action alleging claims under the Real Estate Settlement Procedure Act (RESPA); the Texas Debt Collection Act (TDCJ); promissory estoppel; and the Declaratory Judgment Act. The Fifth Circuit held that plaintiff failed to raise a genuine issue of material fact regarding defendants' compliance with 12 C.F.R. 1024.41 and properly dismissed his RESPA claims. The court also held that the district court did not err in dismissing plaintiff's TDCA claims and, because plaintiff's remaining claims were based on the underlying RESPA and TDCA claims, they were moot. Accordingly, the court affirmed the dismissal of plaintiff's action with prejudice. View "Germain v. US Bank National Association" on Justia Law

The Fifth Circuit affirmed the district court's grant of summary judgment against plaintiff in an action alleging that he was unlawfully terminated under the Consumer Financial Protection Act (CFPA), 12 U.S.C. 5567(a)(1). Plaintiff, a car salesman, alleged that Sonic would not extend credit to minorities. The court held that nothing in section 5519(a) precluded the Department of Labor, a separate federal entity, from enforcing the anti-retaliation provision against dealers even though the CFPB could not; the Equal Credit Opportunity Act (ECOA), 15 U.S.C. 1691, as applied to automobile dealers, was not a statute subject to the jurisdiction of the Bureau, and thus, as a matter of law, Sonic could not have violated section 5567(a); and a reasonable belief that discrimination was occurring under the ECOA could not extend the jurisdictional scope of the CFPA to include actors to which the statute did not apply. View "Calderone v. Sonic Houston JLR" on Justia Law

Plaintiffs filed suit against the condo owners association after the foreclosure sale of their condo unit, alleging common law claims for breach of contract, wrongful foreclosure, negligent misrepresentation, and breach of fiduciary duty, as well as violations of the Federal Debt Collection Practices Act (FDCPA), Texas Fair Debt Collection Practices Act (TFDCPA), and Texas Deceptive Trade Practices Act (TDTPA). The Fifth Circuit affirmed the district court's grant of summary judgment on all claims, holding that regardless whether the district court abused its discretion, any evidentiary error the district court made was harmless. In this case, the issue whether the late fee increase was properly adopted by the Association was not dispositive of any claims, so it did not affect the outcome of the litigation and did not affect their substantial rights. The court also held that plaintiffs' could not maintain their suit for breaches of the Condominium Declaration when they have themselves been in default of the contract; there was no authority supporting plaintiffs' conclusion that an inaccurate balance included in a default notice constitutes a defect in the foreclosure proceedings; and plaintiffs failed to cite specific negligent misrepresentations by defendants. The court rejected plaintiffs' remaining claims. View "Mahmoud v. De Moss Owners Association, Inc." on Justia Law