Gonzalez v. Cullimore, 2018 UT 9 (Feb. 26, 2018).
Feb 26, 2018
In this suit filed to collect a debt purportedly owed to a condominium owners association, the defendant—debtor asserted a counterclaim against the law firm representing the association, arguing the law firm had violated § 1692e of the Fair Debt Collection Practices Act by misrepresenting the amount owed in demand letters the firm had sent to her. The district court dismissed this claim on summary judgment. On appeal, the Supreme Court, abrogating a prior Court of Appeals decision, held a law firm is not entitled to reasonably rely upon its client’s representation of the debt owed and must instead have procedures reasonably adapted to avoid this type of error or face liability under § 1692e.