Alaska Supreme Court
Alaska Trustee, LLC and Stephen Routh, Appellant v. Brett Ambridge and Josephine Ambridge, Appellees
March 4, 20162016 Alas. LEXIS 23
Summary
The court held that a company conducting nonjudicial mortgage foreclosures may qualify as a debt collector under the FDCPA because foreclosure communications can constitute indirect attempts to collect the underlying debt. It affirmed Alaska Trustee's FDCPA liability and the UTPA injunction, but reversed the judgment against Routh because, although he was a debt collector based on his managerial involvement, he did not materially participate in the specific notice violation. Justice Winfree, joined by Justice Stowers, dissented, concluding that a trustee conducting only nonjudicial foreclosures is subject to the FDCPA's security-interest provisions rather than its full debt-collection requirements.