Polacsek v. Debticated Consumer Counseling, Inc.

OPINION

MESSITTE, District Judge.

I

A key question in this case is whether a credit counseling agency (CCA) is subject to the Credit Repair Organizations Act (CROA), 15 U.S.C. § 1679 et seq. The Court holds that, depending on the circumstances, it may be. 1

The Court further holds, as a matter of law, that Debticated Consumer Counseling, Inc. (Debticated), the only CCA Defendant in this case, will be subject to CROA if it is determined at trial that, directly or indirectly, it operated de facto as a for-profit corporation. The fact that Debticated or any CCA may have been organized as a…