GRAY v. SUTTELL & ASSOCIATES

No. 88414-5.

334 P.3d 14 (2014)

181 Wn.2d 329

Certification from United States District Court for the Eastern District of Washington in Kelli GRAY and all others similarly situated, Plaintiffs, v. SUTTELL & ASSOCIATES; Midland Funding, LLC; Mark T. Case and Jane Doe Case, husband and wife; and Karen Hammer and John Doe Hammer, Defendants. Eva Lauber; Dane Scott; Scott Boolen; Joel Finch; and all others similarly situated, Petitioners, v. Encore Capital Group, Inc.; Midland Funding, LLC; Midland Credit Management, Inc.; Suttell & Hammer, PS; Mark T. Case and Jane Doe Case, husband and wife; Malisa L. Gurule and John Doe Gurule; Karen Hammer and Isaac Hammer, wife and husband; William Suttell and Jane Doe Suttell, husband and wife, Respondents.

Supreme Court of Washington.

August 28, 2014.


Attorney(s) appearing for the Case

Michael David Kinkley , Michael D. Kinkley PS, Kirk David Miller , Kirk D. Miller, P.S., Spokane, WA, for Plaintiff.

Carl Edward Hueber , Winston & Cashatt, John Degnan Munding , Attorney at Law, Spokane, WA, Bradley L. Fisher , Davis Wright Tremaine LLP, Matthew J. Segal , Pacifica Law Group LLP, Seattle, WA, Richard Lee Stone , Hogan Lovells U.S. LLP, Los Angeles, CA, Theodore W. Seitz , Dykema Gossett PLLC, Lansing, MI, for Defendant.

Frederick Philip Corbit , United States Bankruptcy Court, Spokane, WA, Amicus Curiae on behalf of Northwest Justice Project.


WIGGINS, J.

¶ 1 In response to questions certified to this court, we hold that debt buyers fall within the definition of "collection agency" under the Washington Collection Agency Act (WCAA), chapter 19.16 RCW, when they solicit claims for collection. Accordingly, if the court finds that Midland Funding LLC solicited claims, then Midland Funding is a collection agency and it cannot file collection lawsuits without a license.

ISSUES

¶ 2...

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