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STEPHENS v. OMNI INS. CO.

No. 57068-4-I, 56625-3-I.

159 P.3d 10 (2007)

Michael STEPHENS, on behalf of himself and all others similarly situated, Respondent, v. OMNI INSURANCE COMPANY, a foreign insurance company; and Credit Control Services, Inc. d/b/a Credit Collection Services, Petitioners. Rajvir Panag, on behalf of herself and all others similarly situated, Respondent/Cross-Appellant, v. Farmers Insurance Company of Washington, a domestic insurance company, and Credit Control Services, Inc., d/b/a Credit Collection Services, Appellants/Cross-Respondents.

Court of Appeals of Washington, Division 1.

Reconsideration Denied May 25, 2007.

Attorney(s) appearing for the Case

Clarence C. Jones, Gierke, Curwen, Metzler, & Erie, P.S., Tacoma, Melissa O'Loughlin White, John Arthur Granger, Cozen O'Connor, Seattle, E. Pennock Gheen III, Charles Albert Willmes, Jerret E. Sale, Bullivant Houser Bailey PC, Shawnmarie Stanton, Safeco Insurance Co., Stevan D. Phillips, Margarita V. Latsinova, Deidre L. Runnette, Stoel Rives, Seattle, for Appellants.

Matthew James Ide, Ide Law Offices, Murray T. Stakesby Lewis, Seattle, for Respondents.

BECKER, J.

¶ 1 At issue here is a credit collection agency's practice of sending aggressive notices on behalf of insurance companies in an attempt to recover subrogation interests from uninsured drivers. In each of these linked cases, notices styled as "formal collection notices" demanded immediate payment of an "amount due". We conclude the notices are deceptive and hold that the practice of sending them violates the Consumer Protection Act.

FACTS<...

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