Flood v. Mercantile Adjustment Bureau, LLC

176 P.3d 769, 2008 WL 170579
CourtSupreme Court of Colorado
DecidedJanuary 22, 2008
Docket06SC699
StatusPublished
Cited by22 cases

This text of 176 P.3d 769 (Flood v. Mercantile Adjustment Bureau, LLC) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flood v. Mercantile Adjustment Bureau, LLC, 176 P.3d 769, 2008 WL 170579 (Colo. 2008).

Opinions

Justice HOBBS

delivered the Opinion of the Court.

We granted certiorari in this Colorado Fair Debt Collection Practices Act1 ease to [771]*771review a decision of the District Court for Boulder County upholding a decision of the County Court for Boulder County.2 Both courts ruled that the debt collection communication that Mercantile Adjustment Bureau, LLC (“MAB”) sent to Elizabeth Flood complied with the notice provisions of section 12-14-109, and that MAB did not violate section 12-14-105(2) when it utilized an automated mailing service to print and mail the communication.

We reverse the district court’s judgment in part and affirm its judgment in part. We hold that MAB’s debt collection communication violated the notice provisions of section 12-14-109, but the use of an automated mailing service to print and mail the communication did not violate section 12-14-105(2). .Accordingly, we remand this case to the district court, with directions to return it to the county court for entry of judgment consistent with this opinion, including a determination of whether Flood is entitled to damages, costs, and attorney’s fees pursuant to section 12-14-113.3

I.

In January 2000, Flood purchased a used automobile. She financed the purchase through Citi Financial-Transouth (“Tran-south”). Shortly after purchasing the ear, Flood discovered it was damaged and returned it to the dealership. The dealer refused Flood’s request for a refund; instead, the dealer provided Flood with a replacement vehicle.

In May 2000, the replacement vehicle began to exhibit electrical problems and, a few months later, broke down. Flood again sought to rescind the sale, but the dealer refused. Shortly thereafter, Flood lost her job and began to experience financial difficulties. After Flood missed several payments, Transouth repossessed her car and sold it for an amount less than what Flood owed on the vehicle. Transouth then transferred Flood’s account to MAB.,

On July ■ 13, 2004, MAB sent Flood the written debt collection communication that is attached to this opinion as Appendix A.

MAB uses a mailing service, Unimail Corp. (“Unimail”), to print and mail its debt collection communications. ‘ It electronically transí mits the necessary' information to Unimail. Unimail then uses a mechanized process to print the communication, stuff and seal the envelopes, and place the sealed envelopes in the mail for delivery to the consumer. Uni-mail printed and mailed the above communication to Flood.

Flood filed suit against MAB in county court, bringing several claims under the Colorado statute.. Flood alleged that the debt collection communication did not comply with section 12-14-109, because it failed to include necessary information and was contradictory about her rights and obligations under Colorado’s statute. Flood also alleged that MAB impermissibly communicated with a third party, in violation of section 12-14-105(2), by outsourcing the printing and mailing of its collection communications to Unimail. Flood sought damages, costs, and attorney’s fees against MAB pursuant to section 12-14-113 of the statute.

The county court entered judgment in favor of MAB, ruling that the collection communication complied with the notice require[772]*772ments of section 12-14-109, and use of an automated mailing service did not violate the statute’s prohibition against third party communication in connection with the collection of a debt.

MAB then filed a bill of costs in the county court, as well as a motion requesting attorney’s fees pursuant to section 12-14-113(1.5) of the statute. The county court denied MAB’s request for attorney’s fees pursuant to section 12-14-113(1.5), holding that this provision was preempted by the federal Fair Debt Collection Practices Act. However, the trial court did award MAB certain costs pursuant to Colorado’s general costs statute, section 13-16-105, C.R.S. (2007).

Flood appealed the county court’s judgment to the district court. MAB cross-appealed the county court’s denial of its motion for attorney’s fees. The district court upheld the judgment of the county court.

II.

We hold that MAB’s debt collection communication violated the provisions of section 12-14-109, but the use of an automated mailing service to print and mail the communication did not violate section 12-14-105(2). Accordingly, we remand this ease to the district court, with directions to return it to the county court for entry of judgment consistent with this opinion, including a determination of whether Flood is entitled to damages, costs, and attorney’s fees pursuant to section 12-14-113 of the statute.

A.

Standard of Review

We review issues of statutory construction de novo. See CLPF-Parkridge One, L.P. v. Harwell Invs., Inc., 105 P.3d 658, 661 (Colo.2005); Colo. Dep’t of Labor & Employment v. Esser, 30 P.3d 189,194 (Colo.2001). Our primary responsibility is to effectuate the General Assembly’s intent. CLPF-Parkridge One, 105 P.3d at 660; People v. Yascavage, 101 P.3d 1090, 1093 (Colo.2004).

We construe a statute as a whole, giving consistent, harmonious, and sensible effect to all of its parts, and we will not adopt an interpretation that leads to illogical or absurd results. Colo. Water Conservation Bd. v. Upper Gunnison River Water Conservancy Dist., 109 P.3d 585, 593 (Colo.2005); Bd. of County Comm’rs, Costilla County v. Costilla County Conservancy Dist., 88 P.3d 1188, 1192 (Colo.2004).

In construing a statute, we may consider persuasive authority of another jurisdiction — for example, when Colorado’s statute is closely patterned on a related federal statute, as here. Furlong v. Gardner, 956 P.2d 545, 551 (Colo.1998); see also Udis v. Universal Commc’ns Co., 56 P.3d 1177, 1179 (Colo.App.2002) (relying on caselaw arising under the federal Fair Debt Collection Practices Act to assist in construing the Colorado Fair Debt Collection Practices Act).

In the ease before us, the relevant provisions of the Colorado statute parallel the federal statute.4 Because the Colorado statute is patterned on the federal statute, we look to federal caselaw for persuasive guidance bearing on the construction of our state’s law. See Udis, 56 P.3d at 1180.

B.

The Federal Statute

The purpose of the federal statute is to protect consumers from harassing and abusive debt collection practices. See Russell v. Equifax, 74 F.3d 30, 33 (2d Cir.1996).

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Bluebook (online)
176 P.3d 769, 2008 WL 170579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flood-v-mercantile-adjustment-bureau-llc-colo-2008.