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Alaska Sup Ct Holds Alaska Trustee LLC and its Owner Stephen Routh were Debt Collectors under FDCPA

justia.com | March 11, 2016

Court: Alaska Supreme Court
Docket: S-14915
Opinion Date: March 4, 2016
Areas of Law: Consumer Law, Real Estate & Property Law

Brett and Josephine Ambridge defaulted on their home loan. Alaska Trustee, LLC sent the Ambridges a notice of default that failed to state the full amount due as required by the federal Fair Debt Collection Practices Act (FDCPA). The Ambridges filed suit against Alaska Trustee and its owner, Stephen Routh, seeking damages under the FDCPA and the Alaska Unfair Trade Practices and Consumer Protection Act (UTPA), as well as injunctive and declaratory relief. The superior court held that both Alaska Trustee and Routh were “debt collectors” subject to liability under the FDCPA, awarded damages under the Act, and awarded injunctive relief under the UTPA. Alaska Trustee and Routh appealed, arguing that neither of them is a debt collector as defined by federal law and that injunctive relief was improperly awarded. The Supreme Court found no reversible error in the Superior Court's judgment and affirmed.


 

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Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager

 

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