Sneak Peek at an Appellate Brief

The Eighth Circuit is reviewing my brief for filing.

Here is a sample: (More tomorrow)

Summary of the Case and Willingness to Participate in Oral Argument

     Debt Collector Portfolio Recovery Associates’ willful and wanton violation of the FDCPA and a Consent Order injured me. The Court shrugged.

     No justice against PRA’s extortionist enterprise was attained. The Court failed.

     PRA intruded upon my seclusion, annoyed, and harassed me. Adverse verdicts and settlements against PRA total over $130,000,000 for similar conduct. PRA’s spoliation of evidence shows it knew its pattern and practice was unacceptable.

     I sent its calls to voicemail, blocked them, begged these strangers to stop and finally, in November 2020, acquiesced to answering questions on a recorded line. It didn’t help. My only option was to pay an invalid debt or file a lawsuit. I filed.

    PRA sent a letter saying it “has concluded its investigation of your dispute and is closing your account” with a balance of zero. Eight months later, for the first time, PRA said the debt had been “waived”. But PRA chose not to issue a form 1099-C.

     PRA was allowed to subpoena my entire physical and mental health record, despite the irrelevance, and published false, defamatory accusations against me.

    The Court granted summary judgment based on insufficient discovery, PRA’s inadmissible evidence, and disregard of my evidence. The grant of summary judgment is reserved for exceptional cases, emphasizing the court’s preference for full trials and thorough examination of evidence. Please grant me a jury trial.

     If it pleases this Court, I will attend oral argument for rebuttal and questions.

Peace and Joy to Y’all,

Laura