Chapman v. Credit Associates, Inc.

[David A. Szwak]

Chapman v. Credit Associates, Inc.
332 Mont. 546, 138 P.3d 426 (Table)
Mont.,2006.
May 09, 2006

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.
*1 ¶ 1 Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2003, the following memorandum decision shall not be cited as precedent. It shall be filed as a public document with the Clerk of the Supreme Court and its case title, Supreme Court cause number and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.

¶ 2 On June 26, 2000, and again on May 24, 2002, Allison Chapman (Chapman) received medical care at a Benefis Healthcare, Inc. (Benefis) facility in Great Falls, Montana. Dissatisfied with the treatment (which allegedly exacerbated the physical conditions that had prompted Chapman's visits), Chapman refused to pay for the services. Following unsuccessful efforts to collect payment from Chapman, Benefis retained Credit Associates, Inc. (Credit Associates), which on June 12, 2003, mailed Chapman a collection letter. Chapman replied in a letter dated June 19, 2003, stating that she would not be paying anything on the debt and demanding, pursuant to the Fair Debt Collection Practices Act (FDCPA), see 15 U.S.C. §§ 1692-1692o, that Credit Associates “cease any and all communication with me.â€