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Anderson v. Security Finance of Idaho, LLC

United States District Court, D. Idaho

March 31, 2015

PHILLIP L. ANDERSON, Plaintiff,
v.
SECURITY FINANCE OF IDAHO, LLC (d/b/a MAVERICK FINANCE), Defendant.

MEMORANDUM DECISION AND ORDER

B. LYNN WINMILL, Chief District Judge.

INTRODUCTION

Before the Court is Defendant Security Finance of Idaho, LLC (d/b/a Maverick Finance)'s Motion for Summary Judgment (Dkt. 30). Having fully reviewed the record, the Court finds that the facts and legal arguments are adequately presented in the briefs and record. Accordingly, in the interest of avoiding further delay, and because the Court finds that the decisional process would not be significantly aided by oral argument, this matter shall be decided on the record before this Court without oral argument.

Plaintiff Phillip P. Anderson's two-count Complaint alleges that Maverick Finance violated the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. ("TCPA") and the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("FDCPA"), by calling Anderson's cellular telephone seeking to speak with Anderson's daughter-in-law on seven different occasions, from January to April 2012. For the reasons set forth below, the Court will grant summary judgment in favor of Maverick Finance on both counts.

BACKGROUND

Plaintiff Phillip P. Anderson's daughter-in-law and tenant, Lisa M. Anderson, applied for and received loans from Maverick Finance. Def's SOF ¶ 3, Dkt. 31. As part of the application process, Lisa Anderson listed Anderson as her landlord, a relative, and a reference on her loan applications, complete with Anderson's address and telephone number. Id. As a routine part of underwriting the loan, Maverick Finance's employee, Ismael Vega, contacted Anderson on January 5, 2010, to verify Lisa Anderson's status as Anderson's tenant. Id. Lisa Anderson was married to Anderson's son, and she lived in Anderson's home. Id.

A year or so later, Lisa Anderson apparently defaulted on the loan, and Maverick Finance attempted to contact her in connection with the loan on multiple occasions from December 9, 2011, to April 26, 2012. In each of these attempts to contact Lisa Anderson, a Maverick Finance employee manually dialed and specifically called Phillip Anderson's telephone number - which was not denoted as a cell phone number on the documents signed and submitted by Lisa Anderson to Maverick Finance. Id. ¶ 5. Sometimes the employee would leave no voicemail message, sometimes the employee would leave a message, and other times, the employee would speak directly with Anderson. Id. On each occasion, the Maverick Finance employee contacted Anderson for the purpose of asking him to pass along a message to Lisa Anderson to call Maverick Finance. Id.

Specifically, the following sixteen telephone calls were made by a Maverick Finance employee to Plaintiff Phillip Anderson's telephone number (208) 201-0632:

1. December 9, 2011 at 10:53 a.m. (no answer);
2. January 12, 2012 at 9:56 a.m. (Anderson said he will give Lisa M. Anderson a message to call);
3. January 13, 2012 at 2:46 p.m. (Anderson said he would give Lisa Anderson the message to call the office);
4. January 27, 2012 at 10:07 a.m. (no answer);
5. January 30, 2012 at 10:14 a.m. (Anderson said he would give Lisa Anderson a ...

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