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Misty M. Zemeckis v. Global Credit & Collection Corporation

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ARGUED MARCH 27, 2012

Before FLAUM, WILLIAMS, and TINDER, Circuit Judges.

In 2010, Misty Zemeckis (“Zemeckis”) owed Capital One Bank money. Capital One Bank retained Global Credit & Collection Corp. (“Global Credit”) to collect her debt. Global Credit, in turn, sent Zemeckis a dunning letter, which included a notice of her debt validation rights. Zemeckis claims, however, that the letter’s content as a whole over- shadowed the debt validation notice, thereby violating Section 1692g of the Fair Debt Collection Practices Act (the “FDCPA”), 15 U.S.C. § 1692g. The district court disagreed and dismissed her claim. See FED. R. CIV. P. 12(b)(6). She presently appeals, arguing that the dis- trict court improperly rejected her request to conduct a consumer survey in order to prove that Global Credit’s letter was confusing. We affirm the district court.

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