Date: 03-25-2021

Case Style:

Case Number: 1:20-cv-00132-TS

Judge: Ted Stewart

Court: United States District Court for the District of Utah (Salt Lake County)

Plaintiff's Attorney:

Fair Debt Collection Act Lawyer Directory

Defendant's Attorney: Ronald F. Price

Description: Salt Lake City, Utah civil litigation lawyer represented Plaintiff, Kristopher Chadwick, who sued Bonneville Billing and Collections claiming that it violated the Fair Debt Collections Act.

The Fair Debt Collection Practices Act (FDCPA)(15 U.S.C. 1692 et seq.), which became effective March 20, 1978, was designed to eliminate abusive, deceptive,and unfair debt collection practices. In addition, the federal law (15 U.S.C. 1692 et seq.) protects reputable debt collectors from unfair competition and encourages consistent state action to protect consumers from abuses in debt collection. The Dodd-Frank Act granted rulemaking authority under the FDCPA to the Consumer Financial Protection Bureau (CFPB)2and, with respect to entities under its jurisdiction, granted authority to the CFPB to supervise for and enforce compliance with the FDCPA.3Debt That IsCovered The FDCPA applies only to the collection of debt incurred by a consumer primarily for personal, family, or household purposes. It does not apply to the collection of corporate debt or to debt owed for business or agricultural purposes. Debt Collectors That Are Covered Under FDCPA, a “debt collector” is defined as any person who regularly collects, or attempts to collect, consumer debts for another person or institution or uses some name other than its own when collecting its own consumer debts. That definition would include, for example, an institution that regularly collects debts for an unrelated institution. This includes reciprocal service arrangements where one institution solicits the help of another in collecting a defaulted debt from a customer who has moved. Debt Collectors That Are Not Covered An institution is not a debt collector under the FDCPA when it collects: Another’s debts in isolated instances. Its own debts it originated under its own name. Debts it originated and then sold, but continues to service (for example, mortgage and student loans). Debts that were not in default when they were obtained. Debts that were obtained as security for a commercial credit transaction (for example, accounts receivable financing).

Debts incidental to a bona fide fiduciary relationship or escrow arrangement (for example, a debt held in the institution’s trust department or mortgage loan escrow for taxes and insurance). Debts regularly for other institutions to which it is related by common ownership or corporate control. Debt collectors that are not covered also include: Officers oremployees ofaninstitution who collect debts owed to the institution in the institution’s name. Legal process servers. Communications Connected withDebt Collection – 15 U.S.C. 1692b and c For communications with a consumer or third party with the collection of a debt, the term “consumer” is defined to include the borrower’s spouse, parent (if the borrower is a minor), guardian, executor, or administrator. When, Where, and With Whom Communication is Permitted Communicating with the Consumer A debt collector may not communicate with a consumer at any unusual time (generally before 8 a.m. or after 9 p.m. in the consumer’s time zone) or at any place that is inconvenient to the consumer, unless the consumer or a court of competent jurisdiction has already given permission for such contacts. A debt collector may not contact the consumer at his or her place of employment if the collector has reason to believe the employer prohibits such communications. If the debt collector knows the consumer has retained an attorney to handle the debt, and can easily ascertain the attorney’s name and address, all contacts must be with that attorney, unless the attorney is unresponsive or agrees to allow direct communication with the consumer. Ceasing Communication with the Consumer When a consumer refuses, in writing, to pay a debt or requests that the debt collector cease furthercommunication, the collector must cease all further communication, except to advise the consumer that: The collection effort is being stopped. Certain specified remedies ordinarily invoked may be pursued or, if appropriate, that a specific remedy will be pursued. Mailed notices from the consumer are official when they are received by the debt collector.

Communicating with Third Parties The only third parties that a debt collector may contact when tryingtocollect a debt are: The consumer. The consumer’s attorney. Aconsumer reporting agency (if permitted by local law). The creditor. The creditor’s attorney. The debt collector’s attorney. The consumer or a court of competent jurisdiction may, however, give the debt collector specific permission to contact other third parties. In addition, a debt collector who is unable to locate a consumer may ask a third party for the consumer’s home address, telephone number and place of employment (location information). The debt collector must give his or her name and state that he or she is confirming or correcting location information about the consumer. Unless specifically asked, the debt collector may not name the collection firm or agency or reveal that the consumer owes any debt. No third party may be contacted more than once unless the collector believes that the information from the first contact was wrong or incomplete and that the third party has since received better information, or unless the third party specifically requests additional contact. Contact with any third party by postcard, letter or telegram is allowed only if the envelope or content of the communication does not indicate the nature of the collector’s business.

Outcome: 03/25/2021 20 MEMORANDUM DECISION AND ORDER: Bonnevilles Motion to Dismiss 10 is GRANTED and the Complaint is dismissed without prejudice. Signed by Judge Ted Stewart on 3/25/2021. (reb) (Entered: 03/25/2021)
03/25/2021 21 JUDGMENT: IT IS ORDERED AND ADJUDGED that the judgment is entered in favor of Defendant on Plaintiffs claims, which are dismissedwithout prejudice. Signed by Judge Ted Stewart on 3/25/2021. (reb) (Entered: 03/25/2021)

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