Robert Renick, on Behalf of Himself & All Others Similarly Situated v. Dun & Bradstreet Receivable Mgmt. Servs., 290 F.3d 1055 (9th Cir. 2002). · Go Syfert
Robert Renick, on Behalf of Himself & All Others Similarly Situated v. Dun & Bradstreet Receivable Mgmt. Servs., 290 F.3d 1055 (9th Cir. 2002). Cases Citing This Book View Copy Cite
“the instruction that renick 'se the tear-off portion of this letter . . . to send your payment today' was in the same font as the surrounding text; was not emphasized in any other way; was in the nature of a request rather than a demand; and carried no sense of urgency.”
38 citation events (38 in the last 25 years) across 12 distinct courts.
Strongest positive: Baratta v. Financial Recovery Services, Inc. (ilnd, 2018-10-29)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Baratta v. Financial Recovery Services, Inc.
N.D. Ill. · 2018 · quote attribution · 1 verbatim quote · confidence high
the instruction that renick 'se the tear-off portion of this letter . . . to send your payment today' was in the same font as the surrounding text; was not emphasized in any other way; was in the nature of a request rather than a demand; and carried no sense of urgency.
examined Cited as authority (verbatim quote) Clark v. Capital Credit & Collection Services, Inc. (4×) also: Cited as authority (rule), Cited "see, e.g."
9th Cir. · 2006 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
because the notice did not violate the requirements of 15 u.s.c. 1692g(a), it would not clark v. capital credit 10163 support a finding that used "false representa- tion or deceptive means to collect or attempt to collect any debt.
cited Cited as authority (rule) Lukashin v. United Collection Bureau Inc
W.D. Wash. · 2025 · confidence medium
Renick v. Dun & Bradstreet Receivable Mgmt. 20 Servs., 290 F.3d 1055, 1057 (9th Cir. 2002).
discussed Cited as authority (rule) Lukashin v. United Collection Bureau Inc
W.D. Wash. · 2025 · confidence medium
In Renick v. Dun & Bradstreet Receivable Management Services, the Ninth 10 Circuit held that a second collection letter sent 20 days after an initial letter did not violate the 11 FDCPA, in part because on the reverse of the letter it twice stated that the consumer had 30 days 12 to dispute the debt. 290 F.3d 1055, 1057 (9th Cir. 2002).
discussed Cited as authority (rule) (PS) Ortiz v. Portfolio Recovery Assoc., LLC
E.D. Cal. · 2023 · confidence medium
(MTD (ECF No. 30-1) at 6.) As noted 23 above, a debtor “has thirty days in which to dispute the debt[.]” Renick v. Dun & Bradstreet 24 Receivable Management Services, 290 F.3d 1055, 1057 (9th Cir. 2002). 25 However, “[e]quitable tolling is permitted when the litigant establishes ‘(1) that he has 26 been pursuing his rights diligently, and (2) that some extraordinary circumstances stood in his 27 way and prevented timely filing.’” Franco v. Alorica Inc, Case No. 2:20-cv-5035 DOC (KESx), 28 2021 WL 3812872 , at *3 (C.D.
cited Cited as authority (rule) Bergida v. PlusFour, Inc.
D. Nev. · 2023 · confidence medium
Servs., 290 F.3d 1055, 1057-58 (9th Cir. 2002). 17 Bergida alleges that PlusFour violated § 1692e(10) “[b]y making a false and misleading 18 representation/omission[].” ECF No. 1 at 12.
cited Cited as authority (rule) Gehl v. Financial Assistance Inc
W.D. Wash. · 2021 · confidence medium
Services, 290 F.3d 1055, 1057 (9th Cir. 2002).
discussed Cited as authority (rule) Robertson v. AllianceOne Receivables Management, Inc
E.D. Cal. · 2020 · confidence medium
For example, in Renick v. Dun & Bradstreet Receivable Management 26 Services, the Ninth Circuit found that the notice before it did not overshadow or contradict the 27 consumer’s validation rights because the 28 ///// 1 statement on the reverse [side of a notice] that ‘PROMPT PAYMENT IS REQUESTED’ was in the same font as the 2 accompanying validation notice; was followed by a statement informing Renick that he had 30 days to challenge the debt’s validity; 3 and did not convey a threat that could induce Renick to ignore his right to take 30 days to verify his debt and act immediately. 4…
cited Cited as authority (rule) Sparrow Oloko v. Receivable Recovery Services, LLC
N.D. Ill. · 2019 · confidence medium
Servs., 290 F.3d 1055, 1057 (9th Cir. 2002) (per curiam).
discussed Cited as authority (rule) Matthew Stuppiello v. Southwest Credit Systems
9th Cir. · 2018 · confidence medium
Servs., 290 F.3d 1055, 1057 (9th Cir. 2002) (per curiam); see also Terran, 109 F.3d at 1434 . 3 And contrary to Stuppiello’s assertions, the notice would not confuse the least sophisticated debtor about his FDCPA rights.
cited Cited as authority (rule) Van Patten v. Vertical Fitness Group, LLC
S.D. Cal. · 2014 · confidence medium
Servs., 290 F.3d 1055, 1058 (9th Cir.2002).
discussed Cited as authority (rule) Federal Home Loan Mortgage Corp. v. Lamar
6th Cir. · 2007 · confidence medium
“Because the notice did not violate the requirements of 15 U.S.C. § 1692g(a), it would not support a finding that [LS & R] used ‘false representation or deceptive means to collect or attempt to collect any debt.’ We therefore reject [Lamar’s] argument that [LS & R’s] notice violated section 1692e(10) of the FDCPA.” Renick v. Dun & Bradstreet Receivable Mgmt. *513 Servs., 290 F.3d 1055, 1057-58 (9th Cir.2002) (citation omitted).
cited Cited as authority (rule) Fed Home Loan Mtg v. Lamar
6th Cir. · 2007 · confidence medium
Servs., 290 F.3d 1055, 1057-58 (9th Cir. 2002) (citation omitted).
discussed Cited as authority (rule) Gonzales v. Arrow Financial Services LLC (2×) also: Cited "see, e.g."
S.D. Cal. · 2007 · confidence medium
Servs., 290 F.3d 1055, 1056-57 (9th Cir.2002)(per curiam); Pressley v. Capital Credit & Collection Servs., 760 F.2d 922, 925 (9th Cir.1985)(per curiam); Terran, 109 F.3d 1428 ; Wade, 87 F.3d 1098 ; Hapin, 428 F.Supp.2d 1057 ; Khosroabadi, 439 F.Supp.2d 1118 ).
discussed Cited as authority (rule) Linda L. Clark Jerry v. Clark v. Capital Credit & Collection Services, Inc., an Oregon Corporation Janine Brumley Jeffrey I. Hasson, Linda L. Clark Jerry v. Clark v. Capital Credit & Collection Services, Inc., an Oregon Corporation Janine Brumley, and Jeffrey I. Hasson, Linda L. Clark Jerry v. Clark v. Capital Credit & Collection Services, Inc., an Oregon Corporation Janine Brumley, and Jeffrey I. Hasson (2×) also: Cited "see, e.g."
9th Cir. · 2006 · confidence medium
Servs., 290 F.3d 1055, 1057 (9th Cir.2002) (holding that a communication "was not misleading even to the least sophisticated debtor"); Terran v. Kaplan, 109 F.3d 1428, 1431 (9th Cir.1997) (stating that "whether the initial communication violates the FDCPA depends on whether it is likely to deceive or mislead a hypothetical `least sophisticated debtor' " (internal quotation marks and citation omitted)); Wade v. Reg'l Credit Ass'n, 87 F.3d 1098, 1100 (9th Cir.1996) (stating that a communication violates the FDCPA if "likely to deceive or mislead a hypothetical `least sophisticated debtor' ").
discussed Cited as authority (rule) Khosroabadi v. North Shore Agency (2×) also: Cited "see"
S.D. Cal. · 2006 · confidence medium
Servs., 290 F.3d 1055, 1057 (9th Cir.2002), the Ninth Circuit concluded that a statement requesting prompt payment contained in an initial written communication did not violate 15 U.S.C. § 1692e because it did not convey a threat, did not overshadow other language in the communication, and the it provided the plaintiff with notice of his rights.
discussed Cited as authority (rule) Hernandez Ex Rel. Hernandez v. Attention, LLC
N.D. Ill. · 2005 · confidence medium
Servs., 290 F.3d 1055, 1057 (9th Cir.2002) (parenthetical omitted), Wilson v. Quadramed Corp., 225 F.3d 350 , 360-61 n. 6 (3rd Cir.2000) (“avoid further action”), Terran v. Kaplan, 109 F.3d 1428, 1434 (9th Cir.1997).
discussed Cited as authority (rule) Wan v. Commercial Recovery Systems, Inc.
N.D. Cal. · 2005 · confidence medium
Moreover, three cases compel the Court to find that the Attorney Consultation Language does not overshadow the Letter’s validation notice or otherwise violate sections 1692e or 1692g of the FDCPA. *1163 In Renick v. Dun & Bradstreet, a consumer class action plaintiff sued a collection agency, alleging that the defendant’s second notice, coming only 20 days after the first notice, violated sections 1692e and 1692g of the FDCPA. 290 F.3d 1055, 1057 (9th Cir.2002).
discussed Cited as authority (rule) Donna T. Taylor, Individually and on Behalf of All Others Similarly Situated v. Cavalry Investment, L.L.C., Doug A. Schletz, on Behalf of Themselves and All Others Similarly Situated v. Academy Collection Service, Inc.
7th Cir. · 2004 · confidence medium
Renick v. Dun & Bradstreet Receivable Management Services, 290 F.3d 1055, 1057 (9th Cir.2002) (per curiam) ("Use the tear-off portion of this letter ... to send your payment today"); Wilson v. Quadramed Corp., supra, 225 F.3d at 360 -61 n. 6 ("avoid further action"); Terran v. Kaplan, supra, 109 F.3d at 1434 . 9 The only complication in Taylor's case is that the district judge dismissed the case on the pleadings, the only evidence before him being the dunning letter itself, which was attached to the complaint.
discussed Cited as authority (rule) Taylor, Donna T. v. Cavalry Investment
7th Cir. · 2004 · confidence medium
Renick v. Dun & Bradstreet Receivable Management Services, 290 F.3d 1055, 1057 (9th Cir.2002) (per curiam) (“Use the tear-off portion of this letter ... to send your payment today”); Wilson v. Quadramed Corp., supra, 225 F.3d at 360 -61 n. 6 (“avoid further action”); Terran v. Kaplan, supra, 109 F.3d at 1434 .
discussed Cited "see" Kalinina v. Midland Credit Management, Inc.
9th Cir. · 2006 · signal: see · confidence high
See Renick v. Dun & Bradstreet Receivable Management Serv., 290 F.3d 1055, 1057-58 (9th Cir.2002); Terran v. Kaplan, 109 F.3d 1428, 1432 (9th Cir.1997). 1 In fact, the initial collection letter did not require Kalinina to take any action prior to the expiration of the thirty-day validation period.
cited Cited "see" Anderson v. CREDIT COLLECTION SERVICES, INC.
S.D. Cal. · 2004 · signal: see · confidence high
See Renick v. Dun & Bradstreet Receivable Management Services, 290 F.3d 1055 (9th Cir.2002); Shapiro v. Dun & Bradstreet Receivable Management Services, Inc., 209 F.Supp.2d 330 (S.D.N.Y.2002).
discussed Cited "see" Shapiro v. Dun & Bradstreet Receivable Management Services Inc.
2d Cir. · 2003 · signal: see · confidence high
See Renick v. Dun & Bradstreet Receivable Management Servs., 290 F.3d 1055, 1057 (9th Cir.2002); see also Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292, 309-310 (2d Cir.2003) (‘Where a validation notice plainly specifies that FDCPA contact must be in writing, and nothing on the front of the letter suggests in any way that an instruction to call was intended to override the requirements outlined in the validation notice, we do not believe that a reasonable consumer ... could be misled into thinking that the clear obligation to request validation in writing was somehow modified by ... the…
cited Cited "see" Shapiro v. Dun & Bradstreet Receivable Management Services, Inc.
S.D.N.Y. · 2002 · signal: see · confidence high
See Renick, 290 F.3d at 1057 .
Retrieving the full opinion text from the archive…
Robert RENICK, on Behalf of Himself and All Others Similarly Situated, Plaintiff-Appellant,
v.
DUN & BRADSTREET RECEIVABLE MANAGEMENT SERVICES, Defendant-Appellee
01-15117.
Court of Appeals for the Ninth Circuit.
May 16, 2002.
290 F.3d 1055
O. Randolph Bragg, Horwitz, Horwitz & Assoc., Chicago, IL, argued the cause for the plaintiff-appellant; Peter F. Caron, San Francisco, CA, assisted on the brief., John H. Feeney, Murphy, Pearson, Bradley & Feeney, San Francisco, CA, argued the cause for the defendant-appel-lee; Scott L. Johnson assisted on the brief.
Wallace, Kozinski, Paez.
Cited by 30 opinions  |  Published

OPINION

PER CURIAM.

Renick didn’t pay his phone bill. After his account became seriously past due, Dun & Bradstreet, the phone company’s collection agent, sent Renick a collection notice. As required by the Federal Debt[*1057] Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692g(a), the notice informed Renick that he had the right to dispute the validity of the debt within 30 days, and that Dun & Bradstreet would then provide him with verification of the debt.

Twenty days later, Dun & Bradstreet sent a second notice. On the front, it asked Renick to “[u]se the tear-off portion of this letter ... to send your payment today.” The reverse side provided the validation information required by the FDCPA, and stated that “PROMPT PAYMENT IS REQUESTED.” The notice also told Renick to contact the telephone company with any questions about his phone account, but to direct all inquiries regarding the validity of the debt to Dun & Bradstreet.

Renick sued, alleging that the second notice violated the FDCPA. He argued that, coming only 20 days after the first collection notice, the request for “prompt” payment and payment “today” misled him into abandoning his statutory right to contest the validity of the debt within 30 days from the first notice. Renick also argued that the instruction to call the telephone company with questions about his account was confusing, leaving him uncertain as to whom to contact to verify what he owed. On the basis of his FDCPA claim, Renick also alleged that Dun & Bradstreet violated the California Unfair Business Practices Act. Cal. Bus. & Prof.Code § 17200.

The district court granted summary judgment to Dun & Bradstreet and Renick appeals.

1. Dun & Bradstreet’s second collection notice did not violate the validation of debts provision of the FDCPA, 15 U.S.C. § 1692g(a). The instruction that Renick “[u]se the tear-off portion of this letter ... to send your payment today” was in the same font as the surrounding text; was not emphasized in any other way; was in the nature of a request rather than a demand; and carried no sense of urgency. The request therefore “d[id] not overshadow the language in the notice that the alleged debtor has thirty days in which to dispute the debt.” Terran v. Kaplan, 109 F.3d 1428, 1434 (9th Cir.1997). Similarly, the statement on the reverse that “PROMPT PAYMENT IS REQUESTED” was in the same font as the accompanying validation notice; was followed by a statement informing Renick that he had 30 days to challenge the debt’s validity; and did not convey a threat that could induce Renick to “ignore his right to take 30 days to verify his debt and act immediately.” Swanson v. S. Or. Credit Serv., Inc., 869 F.2d 1222, 1226 (9th Cir.1988). The request for a prompt payment therefore “d[id] not contradict the admonition that the debtor has thirty days to contest the validity of the debt” and “d[id] not threaten or encourage the least sophisticated debtor to waive his statutory right to challenge the validity of the debt.” Terran, 109 F.3d at 1434.

Nor was the notice confusing about whom to contact for information as to the debt’s validity. The notice made clear that the phone company should be contacted only with questions pertaining to the phone account on which the debt was incurred, and that inquiries about the collection of the money owed should be directed to Dun & Bradstreet. The reverse of the notice stated twice that Renick should direct requests for information about the debt’s validity to Dun & Bradstreet, and the name, logo, address and phone number of Dun & Bradstreet were prominently displayed on the front of the notice. This information was not misleading even to the least sophisticated debtor. See Terran, 109 F.3d at 1431; Swanson, 869 F.2d at 1225.

2. Because the notice did not violate the requirements of 15 U.S.C.[*1058] § 1692g(a), it would not support a finding that Dun & Bradstreet used “false representation or deceptive means to collect or attempt to collect any debt.” 15 U.S.C. § 1692e(10). We therefore reject Renick’s argument that Dun & Bradstreet’s notice violated section 1692e(10) of the FDCPA.

3. Dun & Bradstreet’s notice also did not constitute an “unlawful, unfair or fraudulent business act or practice,” in violation of the California Unfair Business Practices Act, Cal. Bus. & Prof.Code § 17200, because the state claim hinges on Renick’s rejected federal claim.

4. We deny Dun & Bradstreet’s Motion to Strike Portions of Renick’s Brief and Excerpts of Record and Request for Sanctions for citing an unpublished order of the District Court for the Southern District of California. Ninth Circuit Rule 36-3 quite clearly prohibits citations only of our unpublished dispositions; it does not apply to unpublished dispositions issued by any other courts within our circuit or elsewhere. See Ninth Cir. R. 36-3.

AFFIRMED.