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Bracken v. Harris & Zide, L.L.P.
Citations: 219 F.R.D. 481; 2004 U.S. Dist. LEXIS 271; 2004 WL 73594Docket: No. C-02-05146 RMW
Court: District Court, N.D. California; January 7, 2004; Federal District Court
Plaintiff Nathan Bracken's motion to add the Robert T. Harris Trust and its co-trustees, Robyn Carol Marshall and Roseanne Cheryl Zide, as defendants was granted by the court on December 19, 2003. This decision followed the death of Robert T. Harris, who was initially named as a defendant in a complaint alleging violations of the Fair Debt Collection Practices Act (FDCPA). Despite the defendants not filing a 'statement of death' as required, Bracken sought to substitute the trust and co-trustees as successors to Harris's liabilities. The court analyzed the survivability of the right of action under Federal Rule of Civil Procedure 25(a), which states that if a right of action survives a party's death, substitution is permissible. The determination of survivability hinges on whether the action is penal or remedial in nature. Generally, statutory claims that are penal do not survive a wrongdoer's death, while those with a remedial purpose do. The court referenced a three-factor analysis to assess whether the FDCPA is penal or remedial: (1) the statute's purpose—addressing individual or public wrongs; (2) whether recovery benefits the individual or the public; and (3) whether recovery is disproportionate to the harm. Although no precedent directly addresses the survivability of FDCPA claims, the court noted that decisions regarding the Truth-in-Lending Act (TILA), which influenced the FDCPA's damages provisions, could provide relevant legal insights. Fry v. Hayt establishes that both the Fair Debt Collection Practices Act (FDCPA) and the Truth in Lending Act (TILA) are remedial statutes intended to protect consumers. Courts interpret these statutes liberally in favor of consumers, emphasizing their purpose to remedy individual wrongs rather than to deter public wrongs. The FDCPA's Congressional findings highlight its aim to prevent abusive debt collection practices that harm individuals, emphasizing that the act is designed to protect consumers from unscrupulous debt collectors, regardless of the validity of the debt. The analysis identifies three critical factors supporting the FDCPA's remedial nature: (1) the statute addresses individual wrongs, (2) recovery under the FDCPA is directed to the individual rather than the public, and (3) the relationship between recovery and harm aligns with traditional remedial claims, as the provisions prohibit deceptive practices akin to fraud. This indicates that claims under the FDCPA can survive the death of the wrongdoer. Regarding procedural matters, under Federal Rule of Civil Procedure 25, a motion to substitute a deceased party must be made within 90 days of the notice of death. Since the defendants have not filed a statement of death, the motion is timely. However, the defendants correctly object to adding the Robert T. Harris Trust as a defendant, as trusts are not legal entities capable of being sued. Litigation should be against the co-trustees instead. The court allows the addition of the co-trustees, Robyn Carol Marshall and Roseanne Cheryl Zide, as defendants but denies the inclusion of the trust itself.