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McGrady v. Nissan Motor Acceptance Corp.
United States District Court for the Middle District of Alabama
40 F. Supp. 1323 (1978)
Dianne McGrady (plaintiff) financed the purchase of a car with Nissan Motor Acceptance Corp. (Nissan) (defendant). Over the course of the year, McGrady became delinquent with payments, and Nissan employees phoned her to discuss her delinquency. During one conversation, a Nissan employee reached an agreement with McGrady that she would pay $132.00. McGrady made this payment. However, about 10 days later, the vehicle was repossessed. The repossession took place at McGrady’s place of work and was embarrassing to her. McGrady called Nissan and told Nissan about the agreement she had made with a Nissan employee, but Nissan denied that an arrangement had been made. After the repossession, Nissan sold the car. However, Nissan claimed that McGrady still owed them $3,824.68. Nissan contacted Nationwide Credit, Inc. (Nationwide) to collect this amount. Nationwide sent three collection letters to McGrady. Nationwide also phoned McGrady repeatedly at her home and at work. On many occasions, Nationwide representatives yelled and were rude. McGrady sent Nationwide a letter requesting that all future contact be made through the mail. However, Nationwide disregarded this request and continued to phone McGrady for the next two months. McGrady sued Nissan and Nationwide, alleging they violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq. Nissan and Nationwide moved for summary judgment.
Rule of Law
Holding and Reasoning (De Ment, J.)
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