Ryan Six v. IQ Data International Incorporated

Summary

The United States District Court for the District of Arizona addresses cross-motions for summary judgment in an action alleging that IQ Data International violated the Fair Debt Collection Practices Act by communicating directly with Ryan Six after receiving notice that he was represented by counsel. The court finds genuine disputes of material fact regarding IQ Data’s actual knowledge of the representation and its bona fide error defense. The court grants Six summary judgment on several unopposed affirmative defenses, denies IQ Data’s motion, and otherwise denies Six’s motion.

Holdings

1. Neither party was entitled to summary judgment because the evidence created a genuine dispute of material fact regarding whether IQ Data had actual knowledge of Six's attorney representation when it sent the September 3, 2021 letter directly to Six.
2. Neither party was entitled to summary judgment on IQ Data's bona fide error defense because a genuine dispute remained regarding whether IQ Data maintained procedures reasonably adapted to prevent the specific error at issue.
3. Six was entitled to summary judgment on IQ Data's defenses of failure to state a claim, no damages, estoppel, and reservation of rights because IQ Data abandoned those defenses by failing to respond to Six's motion.

Questions Presented

1. Whether either party was entitled to summary judgment on Six's claim that IQ Data violated 15 U.S.C. § 1692c(a)(2) by communicating directly with him after knowing that he was represented by counsel.
2. Whether IQ Data established its bona fide error affirmative defense under 15 U.S.C. § 1692k(c) as a matter of law.
3. Whether Six was entitled to summary judgment on IQ Data's affirmative defenses of failure to state a claim, no damages, estoppel, reservation of rights, damages offset, and lack of standing.

Disposition

other