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Judge grants attorney summary judgment in collections suit

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A federal judge ruled in favor of an Indianapolis attorney involved in a class-action suit alleging he violated the Fair Debt Collection Practices Act. The judge granted summary judgment to the attorney after finding the class representative fell outside the class definition.

Mark R. Rayl sued Merrill Scooter Moores in May 2009 alleging Moores’ form of initial debt collection communication violated the FDCPA. Moore had been hired to collect past-due homeowner's association fees. The notice of claims filed with the small claims court in each action and served upon the homeowners listed a number to call to reach Moores. Depending on when it was called, it went to one of two voicemail messages regarding the actions. The messages said Moores would only discuss the homeowner’s case at their court date.  

Class certification of the suit was denied in February but was later granted by the U.S. District Court in the Southern District of Indiana’s Indianapolis Division in June. The class consisted of “All natural persons sued by Merrill Moores in the name of Wildcat Run Homeowner’s Association on a consumer debt who called the contact telephone number referenced on the Small Claims complaint and heard a voice mail message recorded by defendant Merrill Moores within one year prior to May 1, 2009.” Rayl was made class representative after Moores didn’t contest class certification and Rayl argued he could prove his claim that he did hear the voicemail.

Both parties filed motions for summary judgment.

It turns out that based on the evidence in the summary judgment record, none of the class members actually had heard either voicemail, or that if they did, Moores had any written communication with them within five days after they called. Rayl couldn’t establish that the voicemails violated the FDCPA provisions regarding initial communications because he was unable to prove he called the voicemail line.

Judge Jane Magnus-Stinson removed Rayl as class representative Oct. 28 and postponed ruling on the merits of the other class members’ claims until a suitable class representative appears in the action. The attorneys for the class have 30 days to locate a new class representative.

Judge Magnus-Stinson denied Rayl’s motion for summary judgment as class representative but didn’t rule at the time as to his individual claim.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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