Capital One, N.A. v. Outland

Citations

• 2025 Ohio 2229

Syllabus

Pro se; motion for summary judgment; real party in interest; 15 U.S.C. 1692; the Fair Debt Collection Practices Act; 15 U.S.C. 1692; 15 U.S.C. 1692g(b); debt collector; original creditor. Appellant-debtor raises three assignments of error concerning the trial court's grant of summary judgment to appellee-creditor. Appellant alleges that the creditor is not the real party in interest and that there are genuine issues of material fact concerning whether the debt was validated pursuant to 15 U.S.C. 1692g(b) and whether the debt was paid off by an insurance premium. On review we find that appellee as a party to the cardmember agreement has standing to bring the breach of contract claim. We also found that 15 U.S.C. 1692g(b) only applies to \debt collectors\ and appellee is an original creditor and is therefore not bound by 15 U.S.C. 1692g(b). Last, we find that there is no evidence submitted in either appellant's brief in opposition or appellate brief to support the allegation that this debt was paid off through some insurance premium. Summary judgment is therefore affirmed.