In an action claiming that defendant collection agency violated the Fair Debt Collection Practices Act (FDCPA) by charging a usurious rate of interest, summary judgment for defendant is affirmed where: 1) the creditor’s assessment of finance charges was not a forbearance, and therefore there was no Washington usury law violation; and 2) the complaint correctly calculated the total debt plaintiff owed, accurately stated the principal owed, and accurately listed the total non-principal amount owed inclusive of interest and finance charges.

Read Donohue v. Quick Collect, Inc., No. 09-35183

Appellate Information

Argued and Submitted December 10, 2009

Filed January 13, 2010

Judges

Opinion by Judge Gould

Counsel

For Appellant:

Michael J. Beyer, Spokane, WA

For Appellee:

Christopher J. Kerley, Evans, Craven & Lackie, P.S., Spokane, WA

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