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Zimmerman v. Puccio

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Before Lipez, Circuit Judge, Souter, Associate Justice, *fn1 and Selya, Circuit Judge.

Appellants John and Richard Puccio appeal from the district court’s grant of summary judgment to the plaintiffs, Andrew and Kelly Zimmerman, on behalf of a class of clients of Cambridge Credit Counseling Corporation (“Cambridge”), one of the Puccios’ business enterprises, pursuant to the Credit Repair Organizations Act (“CROA”), 15 U.S.C. §§ 1679-1679j. CROA was enacted by Congress in 1996 to protect the public from unfair or deceptive advertising and business practices by credit repair organizations.

Although the district court entered summary judgment against the Puccios and multiple corporate defendants for violations of CROA, the corporate defendants have not appealed. Instead, the Puccios appeal the judgment against them personally for the violation of two provisions of CROA, the first making it unlawful to “make or use any untrue or misleading representation of the services of the credit repair organization,” id. § 1679b(a)(3), and the second making it unlawful to “engage… [in a] course of business that constitutes or results in the commission of, or an attempt to commit, a fraud or deception on any person in connection with the offer or sale of the services of the credit repair organization,” id. § 1679b(a)(4).

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