United States District Court, E.D. Arkansas, Jonesboro Division
M. Moody Jr., United States District Judge.
is Plaintiff's motion for summary judgment against Taylor
Law PLLC (“Taylor”) (Doc. No. 19). The time for
response has passed, and Taylor did not file a response to
the motion. For the reasons stated below, that motion is
Eighth Circuit Court of Appeals has cautioned that summary
judgment should be invoked carefully so that no person will
be improperly deprived of a trial of disputed factual issues.
Inland Oil & Transport Co. v. United States, 600
F.2d 725 (8th Cir. 1979), cert. denied, 444 U.S. 991
(1979). The Eighth Circuit set out the burden of the parties
in connection with a summary judgment motion in Counts v.
M.K. Ferguson Co., 862 F.2d 1338 (8th Cir. 1988):
[T]he burden on the moving party for summary judgment is only
to demonstrate, i.e., “[to] point out to the
District Court, ” that the record does not disclose a
genuine dispute on a material fact. It is enough for the
movant to bring up the fact that the record does not contain
such an issue and to identify that part of the record which
bears out his assertion. Once this is done, his burden is
discharged, and, if the record in fact bears out the claim
that no genuine dispute exists on any material fact, it is
then the respondent's burden to set forth affirmative
evidence, specific facts, showing that there is a genuine
dispute on that issue. If the respondent fails to carry that
burden, summary judgment should be granted.
Id. at 1339 (quoting City of Mt. Pleasant v.
Associated Elec. Coop., 838 F.2d 268, 273-274 (8th Cir.
1988)) (citations omitted). Only disputes over facts that may
affect the outcome of the suit under governing law will
properly preclude the entry of summary judgment. Anderson
v. Liberty Lobby, Inc., 477 U.S. 242, 248
alleges that Taylor violated the Fair Debt Collection
Practices Act, 15 U.S.C. § 1692 et seq.
(“FDCPA”), specifically the following three
A debt collector may not use any false, deceptive, or
misleading representation or means in connection with the
collection of any debt. Without limiting the general
application of the foregoing, the following conduct is a
violation of this section:
. . . (2) The false representation of--
(A) the character, amount, or legal status
of any debt . . .
(10) The use of any false representation or
deceptive means to collect or attempt to collect any debt or
to obtain information concerning a consumer.
. . . (12) The false representation or
implication that accounts have been turned over to innocent