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DNF Associates, LLC v. Jillian McAdory

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-35923 · judgment March 9, 2020

Certiorari denied · October 19, 2020
Pre-decision estimate: 12% cert probability (95% interval 9%–17%)

Before the decision, about 3× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a dissent in the court below (flagged in the petition).

Question presented

Whether a passive debt buyer—an entity that purchases defaulted debts for its own account, refers the debts to third parties that perform collection, and does not itself communicate with the debtors—is a debt collector for purposes of the Fair Debt Collection Practices Act. (I)

Counsel of record

For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Adam Ross Pulver
Public Citizen Litigation Group

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 19 2020
    Petition DENIED.
  2. Sep 30 2020
    DISTRIBUTED for Conference of 10/16/2020.
  3. Sep 24 2020
    Waiver of right of respondent Jillian McAdory to respond filed.
  4. Sep 24 2020
    Blanket Consent filed by Petitioner, DNF Associates, LLC
  5. Sep 21 2020
    Petition for a writ of certiorari filed. (Response due October 26, 2020)