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CHARLES v. LUNDGREN & ASSOCIATES, P.C.

No. 96-15995.

119 F.3d 739 (1997)

Sharolyn CHARLES, on behalf of herself and all others similarly situated, Plaintiff-counter-defendant-Appellant, v. LUNDGREN & ASSOCIATES, P.C.; Alvin R. Lundgren; Defendants-Appellees, Check Rite Ltd., Defendant-counter-claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 8, 1997.

Attorney(s) appearing for the Case

Michael C. Shaw, Bybee & Shaw, Tempe, AZ, and Daniel A. Edelman, Edelman & Combs, Chicago, IL, for plaintiff-appellant.

Mark O. Morris, Snell & Wilmer, Salt Lake City, UT, and Alvin R. Lundgren, Lundgren & Associates, Rancho Cordova, CA, for defendants-appellees.

Michael B. Bennett, Bennett Law Offices, Salt Lake City, UT, for amicus curiae Shop-Ko Stores, Inc. and Mrs. Fields Original Cookies, Inc.

Ernest J. Isenstadt, Assistant General Counsel, Federal Trade Commission, Washington, DC, for amicus curiae Federal Trade Commission.

Joanne S. Faulkner, New Haven, CT, for amicus curiae National Association of Consumer Advocates, Inc. and Consumer Law Center of the South.

Before: GOODWIN, D.W. NELSON, and TROTT, Circuit Judges.

TROTT, Circuit Judge:

Overview

This case presents an issue of first impression in this circuit: whether a third-party debt collector's efforts to collect a dishonored check are governed by the Fair Debt Collection Practices Act ("FDCPA" or "the Act"), 15 U.S.C. §§ 1692-1692o. The district court ruled that the FDCPA does not apply to efforts to collect a dishonored check, because a dishonored check is not a "debt" under the FDCPA.

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