In an action against collection agencies under the Fair Debt Collection Practices Act (FDCPA) for distributing plaintiff's private information, summary judgment for defendants is affirmed in part where: 1) the FDCPA does not confer a right of action against a third party that received confidential information; and 2) plaintiff had no constitutional right of privacy in the checks at issue. However, the ruling is reversed in part where plaintiff filed her action within the FDCPA's statute of limitations.
Argued and Submitted June 2, 2009
Filed August 4, 2009
Opinion by Judge Fernandez
Concurrence by Judge O'Scannlain