Not the clearest path, but a reasonable path

Originally published by David Coale.

A $61,000 jury verdict for allegedly unfair debt collection practices turned on whether the debt at issue was a consumer debt; specifically, whether “the jury could reasonably infer that the Synchrony Bank dept at issue was the QVC credit card, which was used exclusively for personal purchases, and, therefore, a consumer debt.” Jones v. Portfolio Recovery Associates LLC, No 18-50703 (Dec. 12, 2019, unpubl.) The Fifth Circuit reversed the trial court’s grant of JMOL on this issue, rejecting four arguments by the defendant that involved “two jury functions: drawing inferences and making credibility determinations.” The Court concluded: “Though it may have been simpler for Jones to explicitly connect these dots for the jury, her failure to do so is not enough to overturn the jury’s verdict. We permit—and in fact implore—juries to process contradictory information and make inferences to reach a verdict. And that is what this jury did. It was not the clearest path to victory for Jones, but it was a reasonable path, which is all we require.”

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