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Wade v. Regional Credit Association

filed: July 3, 1996.

CHRISTINE WADE, F/K/A CHRISTINE SNOW, PLAINTIFF-APPELLANT,
v.
REGIONAL CREDIT ASSOCIATION, A CALIFORNIA CORPORATION, DEFENDANT-APPELLEE.



Appeal from the United States District Court for the District of Idaho. D.C. No. CV-94-00202-HLR. Harold L. Ryan, District Judge, Presiding.

Before: James R. Browning, Eugene A. Wright and Thomas G. Nelson, Circuit Judges. Opinion by Judge Wright.

Author: Wright

WRIGHT, Circuit Judge:

We must decide whether a collection agency attempting to collect a debt without obtaining a required state debt collection permit violates the Fair Debt Collection Practices Act. 15 U.S.C. §§ 1692-1692o. We find that in this case the agency's unlicensed collection activity does not violate the Act. We affirm in part and remand in part.*fn1

BACKGROUND:

This case originally involved a relatively low dollar figure. An attorney attempted to collect $446.00 from Christine Wade for services in her divorce case in California. He referred the debt to Regional Credit Association (RCA), a Sacramento collection agency. RCA sent two collection notices to Wade at her Sacramento address and another to her subsequent address in Citrus Heights, California. She did not respond to any of these notices.

RCA learned that she had a new address in Eagle, Idaho. It did not have a permit to collect debts in Idaho, as required by Idaho law. See I.C. § 26-2223. It called Wade once and sent one notice to her Idaho address reading:

WHY HAVEN'T WE HEARD FROM YOU?

OUR RECORDS STILL SHOW THIS AMOUNT OWING.

If not paid TODAY,

it may STOP YOU FROM OBTAINING credit TOMORROW.

PROTECT YOUR CREDIT REPUTATION.

SEND PAYMENT TODAY.

DO NOT DISREGARD THIS NOTICE. YOUR CREDIT MAY BE ADVERSELY AFFECTED. ...


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