United States Tenth Circuit

An attorney's attempt to collect a service charge of $250 on a dishonored check (essentially a shoplifting fee), was an amount not "permitted by law" under the Fair Debt Collection Practices Act; remanded to determine entitlement to the "bona fide error" defense.

Appellate Information

• Decided 06/27/2002
• Published 06/27/2002

Judges

• Before EBEL and PORFILIO, Circuit Judges, and SHADUR, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Lester A. Perry of Kesler & Rust, Salt Lake City, UT, for Plaintiff-Appellant.


• For Appellees:
  
• Keith A. Kelly of Ray, Quinney & Nebeker (Joni A. Jones with him on the brief), Salt Lake City, UT, for Defendants-Appellees.