United States Third Circuit

In an action brought by the FTC against defendants alleging that their debt collection practices in collecting on defaulted checks (NSF checks) violated the Federal Trade Commission Act and the Fair Debt Collection Practices Act (FDCPA), a grant of injunctive relief and $10.2 million in fines against defendants is affirmed as: 1) the NSF checks are "debts" under the FDCPA; 2) the payors of the NSF checks are "consumers" under the FDCPA; 3) defendants are "debt collectors" and not "creditors" under the FDCPA; and 4) an argument regarding defendants' violation of the FTC Act was not raised below.

Appellate Information

• Argued 10/04/2006
• Decided 09/06/2007
• Published 09/06/2007

Judges

• Before: McKEE, AMBRO, NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Charles T. Hutchins, Esq. (Argued), Pro se., Stephen Robert LaCheen, Esq. (Argued), Anne M. Dixon, Esq., Philadelphia, PA, Attorneys for Appellants, Check Investors, Inc., Check Enforcement, Inc., Jaredco, Inc., and Barry Sussman.


• For Appellees:
  
• William Blumenthal, Esq., General Counsel, Federal Trade Commission, John F. Daly, Esq., Deputy General Counsel for Litigation, Federal Trade Commission; Lawrence DeMille-Wagman, Esq. (Argued), Attorney, Federal Trade Commission, Washington, D.C., Attorneys for Appellee.