Kathy Grismore v. Rjm Acquisitions LLC

FILED NOT FOR PUBLICATION OCT 06 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT KATHY GRISMORE, No. 09-15867 Plaintiff - Appellant, D.C. No. 2:08-cv-00529-DKD v. MEMORANDUM * RJM ACQUISITIONS LLC, Defendant - Appellee. Appeal from the United States District Court for the District of Arizona David K. Duncan, Magistrate Judge, Presiding ** Submitted September 13, 2010 *** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Kathy Grismore appeals pro se from the district court’s summary judgment in her action alleging violations of the Fair Debt Collection Practices Act and the * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c). *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Accordingly, appellant’s request for oral argument is denied. Fair Credit Reporting Act. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Donohue v. Quick Collect, Inc., 592 F.3d 1027, 1030 (9th Cir. 2010). We may affirm on any ground supported by the record, N. Mariana Islands v. United States, 399 F.3d 1057, 1060 (9th Cir. 2005), and we affirm. Summary judgment was properly granted for defendant because Grismore failed to raise a triable issue as to whether, among other things, defendant (1) made any false statements in connection with its attempts to collect the debt; (2) reported false information to the credit reporting agencies; or (3) continued its collection activity before verifying the debt after Grismore disputed it. See 15 U.S.C. §§ 1692e, 1692f, 1692g, 1681s-2(b); Donohue, 592 F.3d at 1033-34 (false statements that are immaterial are not actionable under sections 1692e or 1692f). Grismore’s remaining contentions are unpersuasive. AFFIRMED. 2 09-15867