James v. Wadas, et al

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This was a FDCPA action stemming from proceedings that occurred in a debt collection action filed by Defendant Abby Shadakofsky against Plaintiff-Appellant George James in Wyoming state court in August 2011. Shadakofsky retained Defendant-Appellee Cheryl Wadas, a licensed attorney whom Shadakofsky had a previous retainer agreement, to represent her on an as-needed basis. James asserted that Wadas, and Shadakofsky vicariously as Wadas's principal, violated the FDCPA by: (1) representing that legal fees were $3,000 when the underlying debt did not provide for the recovery of legal fees; (2) serving and filing an untimely answers/replies to the counterclaims; and (3) serving discovery requests in relation to the counterclaims. The district court granted summary judgment in favor of Wadas. Shadakofsky subsequently moved to dismiss the vicarious liability claim against her and the district court granted the motion. James appealed the district court's grant of summary judgment. At issue before the Tenth Circuit was the district court's interpretation of the term "debt collector" under the FDCPA, and its conclusion that Wadas was not a "debt collector" because she did not engage in debt collection "regularly." The Tenth Circuit agreed with the district court's analysis and affirmed. View "James v. Wadas, et al" on Justia Law