Man’s Best Captive

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers whether an explanation for the affection dogs express for their humans might be explained by the Stockholm Syndrome, the condition that afflicts many kidnapped people and other abuse victims in which they form an attachment, sometimes called a trauma bond, that manifests as seeking the abuser’s approval and craving closeness rather than trying to escape. Colb argues that even though pet owners might not intend abuse, the unpredictable repetition of house arrest and silent treatment, followed by intermittent returns, might amount to abuse in the minds of these animals we hold as pets.

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Dennis v. Niagara Credit Solutions, Inc.

Docket: 19-1654

Opinion Date: December 30, 2019

Judge: Joel Martin Flaum

Areas of Law: Banking, Consumer Law

Dennis fell behind on his debt to Washington Mutual Bank. LVNV bought the debt and Niagara Credit sent a form collection letter on LVNV’s behalf, stating: “Your account was placed with our collection agency” and that Niagara’s “client” had authorized it to offer a payment plan or a settlement of the debt in full. The letter identifies Washington Mutual as the “original creditor” and LVNV as the “current creditor.” It lists the principal and interest balances of the debt and the last four digits of the account number. Dennis filed a putative class action complaint, claiming violation of the Fair Debt Collection Practices Act by “fail[ing] to identify clearly and effectively the name of the creditor to whom the debt was owed,” 15 U.S.C. 1692g(a)(2). The Seventh Circuit affirmed the rejection of the suit on the pleadings, rejecting an argument that listing two entities as “creditor” then stating that Niagara was authorized to make settlement offers on behalf of an unknown client could likely confuse consumers. The defendants’ letter expressly identifies LVNV as the current creditor and meets the Act’s requirement of a written notice containing “the name of the creditor to whom the debt is owed.” An unsophisticated consumer will understand that his debt has been purchased by the current creditor; the letter is not abusive or unfair. Section 1692(g)(a)(2) does not require a detailed explanation of the transactions leading to the debt collector’s notice.

Garcia-Arce v. Barr

Dockets: 19-1453, 19‐2312

Opinion Date: December 30, 2019

Judge: Joel Martin Flaum

Areas of Law: Immigration Law

Garcia‐Arce, a citizen of Mexico, was removed from the U.S. and illegally re‐entered. She was arrested for driving under the influence; her removal order was reinstated. Garcia‐Arce sought withholding of removal under 8 U.S.C. 1231(b)(3), and the Convention Against Torture (CAT), based on her purported fear of persecution and torture. Garcia‐Arce testified that in her hometown she was sexually assaulted by her uncle and by a gang member to whom her brother “sold her.” An IJ noted that Garcia‐Arce presented a fake birth certificate at the border, made statements that she did not fear returning to Mexico, could avoid persecution by relocating within Mexico, and had not alleged that a Mexican official had acquiesced or would acquiesce in any torture. The BIA affirmed. Garcia‐Arce moved to reopen based on her attorney’s allegedly ineffective assistance in not properly advancing Garcia‐Arce’s claim that she would be persecuted upon return to Mexico as a result of her alleged mental illness and her CAT claim based on Mexican drug cartels and corrupt law enforcement. The BIA concluded that it was reasonable for the attorney to focus on Garcia‐Arce’s past mistreatment rather than on her mental health and that Garcia‐Arce had not shown that she suffered prejudice. The Seventh Circuit denied petitions for review. The denial of Garcia‐Arce’s withholding application was supported by substantial evidence. Garcia‐Arce’s counsel’s assistance was not so deficient that Garcia‐Arce was prevented from reasonably presenting her case.