ROWE v. EDUCATIONAL CREDIT MANAGEMENT CORP.

No. 07-35046.

559 F.3d 1028 (2009)

Jeffrey A. ROWE, Plaintiff-Appellant, v. EDUCATIONAL CREDIT MANAGEMENT CORPORATION, a foreign non-profit Minnesota corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2009.


Attorney(s) appearing for the Case

Terrance J. Slominski, Slominski & Associates, Tigard, OR, for the appellant.

Stephen T. Tweet, Albert & Twett LLP, Salem, OR, Curtis P. Zaun, Education Credit Management, St. Paul, MN, for the appellee.

Teal Luthy Miller, U.S. Department of Justice, Washington, D.C., for the amicus curiae.

Before: W. FLETCHER and RAYMOND C. FISHER, Circuit Judges, and CHARLES R. BREYER, District Judge.


WILLIAM A. FLETCHER, Circuit Judge:

Plaintiff Jeffrey Rowe brought suit in federal district court against Educational Credit Management Corporation ("ECMC"), alleging violations of the federal Fair Debt Collection Practices Act ("FDCPA") and of Oregon state law. The court dismissed plaintiff's federal claims for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) on the ground that defendant's collection activity was "incidental to a bona fide...

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