A "Gowen" question for boywonder...

Discussion in 'Credit Talk' started by greenvan, Sep 8, 2003.

  1. greenvan

    greenvan Well-Known Member


    You previously posted under the thread "Lawsuite for Inquiry" the following: "Also, you should check legal opinions in your U.S. Circuit courts. The 8th appellate circuit has cited the Gowen FTC opinion letter in affirming decisions. If you live in the eighth circuit, your claim for violations are pretty airtight.

    You previously posted under the thread "inquiry shenanigans update" the following: "I am afraid I have to respectfully disagree with jm10101. Courts in several Circuits have cited the FTC opinion letters when handing down rulings."

    I have searched the Lexus/Nexus database using the keyword "Gowen" but have been unable to locate any decisions from the 8th appellate circuit that cited the Gowen FTC opinion letter. Also, the only decision I found that referenced an FTC opinion letter was a decision that basically disagreed with the opinion letter and stated that it was only an opinion and was not law (therefore a negative reference to the FTC opinion letters).

    I'm convinced that I'm not searching the database correctly because I cannot locate the decisions you have eluded to. It would certainly benefit many of our PP cases to be able to cite specific case law that references Gowen, plus specific case law that adds credence to the FTC opinion letters in general. If you (or anyone else) have specific cases you can bring to light, or explain a better method for searching Lexus/Nexus, it would be greatly appreciated! Sorry I can't contact you privately, but your email is turned off and I can't seem to catch you when you're online.
  2. greenvan

    greenvan Well-Known Member

    bump to the top...maybe he will see this
  3. boywonder

    boywonder Well-Known Member

    Gotcha. Email is now on. I believe it was an Eighth Circuit Appellate decision. I didn't save the ruling. I'll drop by the law library tomorrow and see what I can find.
  4. greenvan

    greenvan Well-Known Member

    Thanks. I'm at home now so I can't check my designated email, but drop me an email if you want just so I know how to get in touch with you in the future. And don't spend too much time working on this...I just know that the Gowen letter seems to be coming into play in all of my small claims cases, and it would be nice to back it up with some solid case law if needed!

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