The Utah Supreme Court reversed the grant of summary judgment to a law firm defendant sued for allegedly improper debt collection
Tamara Gonzalez, an owner of a condominium unit within Pemberley at Robinson’s Grove Condominium Unit Owners Association (Association), allegedly fell behind on paying her
Association assessment fees. The Association hired a law firm to collect on the delinquent fees. The firm sent demand letters to Ms. Gonzalez, who upon receipt of the letters, claimed that the letters misrepresented the amount she actually owed. When negotiations between the Association and Ms. Gonzalez fell through, the Association again contacted the law firm for collection services, and the firm subsequently filed a lawsuit against Ms. Gonzalez on behalf of the Association. After several years of proceedings, Ms. Gonzalez brought a counterclaim against the law firm, asserting, in addition to other claims, that the law firm had violated § 1692e of the Fair Debt Collection Practices Act (FDCPA) by misrepresenting the character, amount, and legal status of the debt she owed in the law firm’s demand letters and in its complaint.