Logourl black
From our private database of 14,000+ case briefs...

McGrady v. Nissan Motor Acceptance Corp.

United States District Court for the Middle District of Alabama
40 F. Supp. 1323 (1978)


Facts

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

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (De Ment, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 176,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.