Credit Bureau of Josephine County v. Todor

Filing 7

OPINION AND ORDER. The decision of the Bankruptcy Court is AFFIRMED. See formal OPINION AND ORDER. Signed on 3/29/2016 by Judge Ann L. Aiken. (rh)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

Inre:
Francis Anthony Todor,
Deborah Ranee Todor,

Case No. 6:15-cv-01120-AA
Bankr. Case. No. 11-64859-fra
Adv. Proc. No. 14-06195-fra
OPINION AND ORDER

Debtors.

CREDIT BUREAU OF JOSEPHINE
COUNTY,
Plaintiff/Appellee,

v.
DEBORAH R. TODOR,
Defendant/Appellant.

AIKEN, Judge:
Defendant/appellant Deborah Todor appeals a ruling of the United States Bankruptcy
Court. The Bankruptcy Comi found that plaintiff/appellee Credit Bureau of Josephine County,
Inc. (Credit Bureau) did not engage in deceptive and misleading communications by omitting
"Inc." from its name in the caption of a small claims complaint filed against Todor. The decision
of the bankruptcy court is affomed.
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STANDARD
The bankruptcy court's findings of fact shall not be set aside unless clearly erroneous.
Fed. R. Bankr. P. § 8013. Issues of law are reviewed de nova, as are mixed questions of law and
fact. In re Bammer, 131 F.3d 788, 792 (9th Cir. 1997); In re Jodoin, 209 B.R. 132, 135 (9th Cir.
B.A.P. 1997).
DISCUSSION
The only issue raised in this bankruptcy appeal is whether a small claims complaint filed
against Todor by Credit Bureau constituted a false or misleading representation under the
Federal Debt Collection Practices Act (FDCPA). See 15 U.S.C.A. § 1692e(l) and (9). The
Bankruptcy Court found that it did not, and Todor appeals that finding. ER 43-44.
The small claims complaint served on Todor indicated that the proceeding was filed "In
the Circuit Couti of the State of Oregon for Josephine County Small Claims Depaiiment." The
plaintiff is named as "Credit Bureau of Josephine County," rather than "Credit Bureau of
Josephine County, Inc.," the Credit Bureau's full corporate name. The complaint includes the
paiiies' respective addresses and asserts that Todor owes "the sum of $275.50 ... for goods and
services to Ear, Nose & Throat Associates." ER 46. Todor argues that the omission of "Inc."
from Credit Bureau's name in the caption and elsewhere on the complaint created the false
impression that Credit Bureau was associated with the governmental entity of Josephine County,
particularly when complaint did not identify Credit Bureau as a debt collection agency.
Initially, I find interesting Todor's declaration that she was misled by the small claims
complaint. Todor declares that she was confused "about who the complaint was from" and
thought it might be "from the county." ER 68. However, Todor admits she previously had
received communications from Credit Bureau when it attempted to collect the same debt, and

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such communication clearly identified Credit Bureau as a debt collection agency. ER 67-68, 73,
79. Todor does not explain why she would become confused by a subsequent small claims
complaint filed by the same entity attempting to collect the same debt. Regardless, I find no
violation of the FDCPA. The relevant statutory provisions provide:
A debt collector may not use any false, deceptive, or misleading representation or
means in connection with the collection of any debt. Without limiting the general
application of the foregoing, the following conduct is a violation of this section:
(1) The false representation or implication that the debt collector is
vouched for, bonded by, or affiliated with the United States or any State,
including the use of any badge, uniform or facsimile thereof.

(9) The use or distribution of any written communication which simulates
or is falsely represented to be a document authorized, issued, or approved
by any court, official, or agency of the United States or any State, or
which creates a false impression as to its source, authorization, or
approval.
15 U.S.C.A. § 1692e(l) and (9).
Aside from Credit Bureau's use of "Josephine County" in its corporate name, the small
claims complaint in no way implies that the Credit Bureau is affiliated with the governmental
subdivision of Josephine County. I do not find that the mere omission of "Inc." from Credit
Bureau's name in the small claims complaint to be deceptive or misleading as a matter of law,
when the complaint otherwise included the approved attributes of Credit Bureau's corporate
name and indicated that Credit Bureau was pursuing a debt owed to an original creditor.
Even if the omission of "Inc." could be construed as slightly misleading, it was not a
material misrepresentation that affected Todor's ability to "intelligently choose" her response to
the complaint. Tourgeman v. Collins Fin. Servs., 755 F.3d 1109, 1119 (9th Cir. 2014), as

amended on denial ofreh'g and reh'g en bane (Oct. 31, 2014). Todor was required to respond to
the complaint regardless of who filed it. Moreover, the complaint provided Credit Bureau's
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correct (if incomplete) name and address, and it identified the original creditor and the amount of
the debt. Quite simply, the small claims complaint contains no "genuinely misleading statements
that may frustrate a consumer's ability to intelligently choose his or her response." Id. (quoting
Donohue v. Quick collect, Inc., 592 F.3d 1027, 1034 (9th Cir. 2010)). Finally, the small claims

complaint was authentic and was not "falsely represented" to be authorized by Josephine County
or the Circuit Court.
Plaintiff nonetheless relies on Tourgeman to support her argument. However, in that case,
several letters and a court complaint completely misidentified the original loan creditor and
included an incorrect account number. Id at 1119, 1123. Here, Credit Bureau did not misidentify
itself or the original creditor, and it provided relevant info1mation regarding the original debt,
thus apprising Todor of the relevant circumstances already known to her. Given these facts,
along with Todor's prior communications with Credit Bureau, the omission of"Inc." from Credit
Bureau's name in the complaint was nothing more than a "technical falsehood" that misled "no
one." Id at 1119 (quoting Donohue, 592 F.3d at 1034).
CONCLUSION
The decision of the Bankruptcy Court is AFFIRMED.
IT IS SO ORDERED.
Dated this

::Z°f day of March, 2016.
Ann Aiken
United States District Judge

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