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CYBRCOLLECT v. DFI

No. 20040214.

703 N.W.2d 285 (2005)

2005 ND 146

CYBRCOLLECT, INC., Appellee and Cross-Appellant v. NORTH DAKOTA DEPARTMENT OF FINANCIAL INSTITUTIONS and Timothy J. Karsky, Commissioner of the North Dakota Department of Financial Institutions, Appellants and Cross-Appellees.

Supreme Court of North Dakota.

July 27, 2005.

Attorney(s) appearing for the Case

Scott A. Miller, Assistant Attorney General, Office of Attorney General, Bismarck, N.D., for Appellants and Cross-Appellees.

Ronald H. McLean (argued) and Timothy G. Richard, Serkland Law Firm, Fargo, N.D., for Appellee and Cross-Appellant.

Marilyn K. Foss, Bismarck, N.D., amicus curiae for the National Automated Clearing House Association.

MARING, Justice.

[¶ 1] The North Dakota Department of Financial Institutions ("DFI") appeals and CybrCollect, Inc., ("CybrCollect") cross appeals a district court amended judgment reversing the DFI's order directing CybrCollect to cease its electronic collection of N.D.C.C. § 6-08-16(2) fees for checks that have been returned for insufficient funds ("NSF") without the debtor's signed authorization. We affirm the amended judgment of the district court reversing...

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