Bartlett v. Portfolio Recovery Associates, LLC

McDONALD, J.,

concurring in the judgment in part and dissenting in part, which ADKINS, J., joins.

I would decide these two appeals differently. The purchase of a debt from the original creditor and the pursuit of its collection in the District Court is a legitimate economic enterprise. But the prosecution of a collection action by a debt buyer should conform to the standards of fairness normally required by our rules and constitutions. My disagreement with the Majority arises from three considerations.

Some Considerations in Deciding These Cases

Whether There are Different Standards of Proof for…