Richard Caw v. Portfolio Recovery Associate


PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Pasco M. Bowman and Jane Kelly (UNPUBLISHED) [4093263] [13-1255]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-1255 ___________________________ Richard W. Caw lllllllllllllllllllll Plaintiff - Appellant v. Portfolio Recovery Associates, LLC lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Western District of Missouri - St. Joseph ____________ Submitted: October 4, 2013 Filed: November 6, 2013 [Unpublished] ____________ Before SMITH, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. Richard Caw appeals from an order of the District Court1 granting summary judgment to Portfolio Recovery Associates, LLC, (PRA) in this action brought by 1 The Honorable Fernando J. Gaitan, Chief Judge, United States District Court for the Western District of Missouri. Appellate Case: 13-1255 Page: 1 Date Filed: 11/06/2013 Entry ID: 4093263 Caw under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692–1692p (FDCPA). Having carefully reviewed the record, we are satisfied that Caw’s failure to establish the date on which PRA made the allegedly prohibited telephone call was fatal to his claim. See Freyermuth v. Credit Bureau Servs. Inc., 248 F.3d 767, 770 (8th Cir. 2001) (noting that appellate court reviews the grant of summary judgment de novo, viewing facts in a light most favorable to the nonmoving party); 15 U.S.C. § 1692k(d) (stating that an action to enforce any liability created by the FDCPA may be brought within one year from the date on which the violation occurs). The evidence was sufficient to establish that there was no violation of the general or specific terms of the FDCPA, and summary judgment was proper. Accordingly, we affirm the judgment of the District Court. ______________________________ -2- Appellate Case: 13-1255 Page: 2 Date Filed: 11/06/2013 Entry ID: 4093263

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