United States Tenth Circuit

Under Utah law, a holder of a dishonored check may not collect a shoplifting penalty, thus an attorney violated the Fair Debt Collection Practices Act by attempting to collect an amount not permitted by law. Remanded for finding of entitlement to a bona fide error defense.

Appellate Information

• Decided 09/05/2002
• Published 09/05/2002

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.