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Paul Hill v. Accounts Receivable Services, LLC

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 16-4356 · judgment April 19, 2018

Certiorari denied · January 7, 2019

Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

This case presents four questions:

Whether the Eighth Circuit may disregard this Court’s instructions in Henson v. Santander Consumer USA Inc., 137 S. Ct. 1718 (2017) for construction of the Fair Debt Collection Practices Act in deciding to import a “materiality” requirement into 15 U.S.C. § 1692e based on speculation about the Act’s purpose.
Whether the Eighth Circuit’s refusal to resolve the underlying state law question regarding the applicable interest statue violated this Court’s instruction in Commissioner v. Estate of Bosch, 387 U.S. 456; 87 S. Ct. 1776; 18 L. Ed. 2d 886 (1967).
Whether Congress specifically included a “materiality” requirement in the statutory text of the Fair Debt Collection Practice Act when it was written and enacted in 1978.
Whether Minn. Stat. § 334.01 remains the applicable pre-judgment interest statute for contact-type claims under Minnesota law.

For petitioner
Darren Brayer Schwiebert
Debt Lawsuit Relief, Inc.

For respondent
Michael August Klutho
Bassford Remele

Conference history
Distributed for 1 conference

Jan 07 2019
Petition DENIED.
Nov 28 2018
DISTRIBUTED for Conference of 1/4/2019.
Nov 14 2018
Brief of respondent Accounts Receivable Services, LLC in opposition filed.
Aug 23 2018
Petition for a writ of certiorari filed. (Response due November 15, 2018)