Legal Opinion · Dissent

Alaska Trustee, LLC v. Ambridge

Alaska Supreme Court

Decided March 4, 2016No. 7084 S-14915Published

1DissentWinfree, Justice

The primary issue in this appeal is Whether a business that regularly-but only—acts as a trustee conducting non-judicial deed of trust-foreclosures falls for all purposes under the Fair Debt Collection Practices Act's (FDCPA) "debt collector" definition.1 Because the court collapses the FDCPA's disparate usage of the terms. "security interest" and "debt";2 because one: who merely enforces a security interest should not be subject to the entire FDCPA but only to its illegal dispossession subsection;3 and because 'the Ambridges brought suit under a FDCPA section requiring an' "initial…

2Cases cited26 opinions

  1. Russello v. United StatesSupreme Court of the United States · 1983
  2. Burnett v. Mortgage Electronic Registration Systems, Inc.Court of Appeals for the Tenth Circuit · 2013
  3. Reese v. Ellis, Painter, Ratterree & Adams, LLPCourt of Appeals for the Eleventh Circuit · 2012
  4. Duane Montgomery v. Huntington Bank and Silver Shadow Recovery, Inc.Court of Appeals for the Sixth Circuit · 2003
  5. Lawrence Glazer v. Chase Home Finance, LLCCourt of Appeals for the Sixth Circuit · 2013

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