[§443B-20]  Unfair competition, unfair or deceptive acts or practices.  A violation of this chapter by a collection agency shall constitute unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce for the purpose of section 480-2. [L 1987, c 191, pt of §1]

Case Notes

  Where defendant debt collector originally brought suit against plaintiff to recover an alleged debt, and plaintiff then brought a class action against defendant for allegedly unlawfully collecting debts, district court denied defendant's motion for summary judgment.  Defendant claimed that an email from the department of commerce and consumer affairs (DCCA) showed that defendant was not a collection agency under state law and, thus, not required to register with the DCCA.  However, the email also stated that the DCCA did not provide legal advice or legal interpretations and that, if defendant believed it was exempt from registering, burden of proof was on defendant to show that registration was not necessary.  475 F. Supp. 3d 1119 (2020).