McGrady v. Nissan Motor Acceptance Corp.

Dianne McGrady (plaintiff) financed a car through Nissan Motor Acceptance Corp. (Nissan) (defendant) and fell behind on payments, but reached a phone agreement with a Nissan employee to pay $132, which she did — only to have the car repossessed at her workplace about ten days later anyway, an embarrassing experience. Nissan denied any such agreement existed and, still claiming McGrady owed $3,824.68 after selling the repossessed car, referred the debt to collector Nationwide Credit, which sent three collection letters and repeatedly called McGrady at home and work — often rudely — even after she asked in writing for contact only by mail. McGrady sued Nissan and Nationwide under the Fair Debt Collection Practices Act (FDCPA), and both moved for summary judgment.