Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sayles v. Advanced Recovery Systems, Inc.

United States Court of Appeals, Fifth Circuit

July 6, 2017

RONALD SAYLES, Plaintiff - Appellee
v.
ADVANCED RECOVERY SYSTEMS, INCORPORATED, Defendant-Appellant

         Appeal from the United States District Court for the Southern District of Mississippi

          Before SMITH, PRADO, and GRAVES, Circuit Judges.

          JAMES E. GRAVES, JR., Circuit Judge.

         Appellant Advanced Recovery Systems, Inc. ("ARS") appeals the district court's grant of summary judgment to Appellee Robert Sayles on grounds that ARS violated § 807(8) of Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692e(8). We AFFIRM the district court's judgment.

         BACKGROUND

         ARS is a consumer debt-collection agency. In June and September 2013, ARS sent Sayles notices regarding two allegedly unpaid debts to St. Dominic's Hospital in Jackson, Mississippi. Sayles does not remember receiving the notices. He contends that he first became aware of the unpaid debts in February 2014 when he ran his credit report.

         On March 5, 2014, Sayles faxed a letter to ARS, disputing the validity of the debts.[1] He received no response. On April 16, 2014, Sayles ran his credit report again. The new report showed that ARS had updated his debt information after receiving his dispute letter, but it had failed to mark the St. Dominic's debts as "disputed." Sayles sued ARS, alleging that it had violated § 807(8) of the FDCPA.

         After Sayles initiated his claim, the parties engaged in discovery and filed cross-motions for summary judgment. During a status conference, the parties represented to the district court that no factual issues remained. The court then dismissed the parties' cross-motions for summary judgment without prejudice and directed them to brief the sole remaining legal issue: "[W]hether a violation of [§ 807(8)] is contingent upon compliance with the validation and dispute requirements contained in [§ 809 of the FDCPA, ] 15 U.S.C. § 1692g." On August 26, 2016, the district court entered judgment for Sayles, finding that ARS had violated § 807(8) of the FDCPA, and that § 807(8) does not incorporate the validation and dispute requirements found in § 809. ARS timely appeals from the district court's judgment.

         STANDARD OF REVIEW

         We review a grant of summary judgment de novo, applying the same standard as the district court. See Gen. Universal Sys., Inc. v. HAL, Inc., 500 F.3d 444, 448 (5th Cir. 2007).

         DISCUSSION

         ARS contends that the district court granted summary judgment to Sayles sua sponte without following the procedures stated in Fed.R.Civ.P. 56(f). ARS also contends that the district court erred by finding that ARS had violated § 807(8). Finally, ARS contends that, even if it violated § 807(8), Sayles did not suffer a concrete injury, and thus he lacked Article III standing to bring the suit. None of these arguments are persuasive.

         I. The district court did not violate Fed.R.Civ.P. 56(f)

         The district court did not violate Rule 56(f), which states that "[a]fter giving notice and a reasonable time to respond, the court may . . . consider summary judgment on its own after identifying for the parties material facts that may not be genuinely in dispute." "[D]istrict courts are widely acknowledged to possess the power to enter summary judgments sua sponte, so long as the losing party was on notice that she had to come forward with all of her evidence." Celotex Corp. v. Catrett, 477 U.S. 317, 326 (1986). Here, the district court gave the parties adequate notice of, and a reasonable time to respond to, its intention to consider summary judgment. It did so by dismissing the parties' cross-motions for summary judgment and directing them to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.