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
38 citation events (38 in the last 25 years) across 12 distinct courts.
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Cited for
At page 1057 Analyzing FDCPA compliance in collection notices21 citing cases“use the tear-off portion of this letter ... to send your payment today”2 citing courts quote it · 20 listed here
  • Baratta v. Fin. Recovery Servs., Inc., No. 1:18-cv-03865 (N.D. Ill. Oct. 29, 2018).
    (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…)
  • Clark v. Capital Credit & Collection Servs., Inc., 460 F.3d 1162 (9th Cir. 2006).published 4 cites
    (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 [debt collector] used “false representa- tion or deceptive means to collect…)
  • Lukashin v. United Collection Bureau Inc, No. 3:24-cv-05685 (W.D. Wash. Mar. 24, 2025).
    Renick v. Dun & Bradstreet Receivable Mgmt. 20 Servs., 290 F.3d 1055, 1057 (9th Cir. 2002).
  • Lukashin v. United Collection Bureau Inc, No. 3:24-cv-05685 (W.D. Wash. Feb. 12, 2025).
    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 twic…
  • (PS) Ortiz v. Portfolio Recovery Assoc., LLC, No. 2:23-cv-01456 (E.D. Cal. Dec. 12, 2023).
    (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…
  • Bergida v. PlusFour, Inc., No. 2:22-cv-02150, 2023 WL 7157829 (D. Nev. Oct. 31, 2023).
    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.
  • Gehl v. Fin. Assistance Inc, No. 2:20-cv-01057 (W.D. Wash. Apr. 5, 2021).
    Services, 290 F.3d 1055, 1057 (9th Cir. 2002).
  • Robertson v. AllianceOne Receivables Mgmt., Inc, No. 1:19-cv-00749 (E.D. Cal. Jan. 29, 2020).
    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 re…
  • Sparrow Oloko v. Receivable Recovery Servs., LLC, No. 1:17-cv-07626 (N.D. Ill. Aug. 19, 2019).
    Servs., 290 F.3d 1055, 1057 (9th Cir. 2002) (per curiam).
  • Matthew Stuppiello v. Sw. Credit Sys., No. 17-55061 (9th Cir. May 1, 2018).unpublished
    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.
Show 10 more citing cases
At page 1058 “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 fdc…”1 citing case3 citing courts quote it · passage not found verbatim in the opinion (83%)
At page 1056 cited at this page1 citing case
  • Gonzales v. Arrow Fin. Servs. LLC, 489 F. Supp. 2d 1140 (S.D. Cal. 2007).published 2 cites
    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,…
Other citing cases2 with no pin cite or quoted language on record
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.
Published opinion
290 F.3d 1055
2002 Cal. Daily Op. Serv. 4224
2002 U.S. App. LEXIS 9219
2002 WL 992490
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.