Terri L. Bass v. Stolper, Koritzinsky, Brewster & Neider, S.C. And Kathy Leschensky

ESCHBACH, Circuit Judge.

This case presents the novel question of whether the Fair Debt Collection Practices Act (“FDCPA” or “the Act”), 15 U.S.C. sec. 1692 et seq., applies to third-party efforts to collect payment from consumers who use a dishonored check for the purchase of goods or services. The answer turns on whether the payment obligation that arises from a dishonored check constitutes a “debt” as defined in the Act. On cross-motions for partial summary judgment, the district court answered in the affirmative, holding that (1) the Act applies to third-party collectors of dishonored…