CrossCheck, Inc., provides check-authorization services to retail merchants. When a customer presents a check, the merchant contacts

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CrossCheck, Inc., provides check-authorization services to retail merchants. When a customer presents a check, the merchant contacts CrossCheck, which estimates the probability that the check will clear the bank. If the check is within an acceptable statistical range, CrossCheck notifies the merchant. If the check is dishonored, the merchant sends it to CrossCheck, which pays it. CrossCheck then attempts to redeposit the check. If this fails, CrossCheck takes further steps to collect the amount. CrossCheck attempts to collect on more than two thousand checks per year and spends $2 million on these efforts, which involve about 7 percent of its employees and 6 percent of its total expenses. William Winterstein took his truck to C&P Auto Service Center, Inc., for a tune-up and paid for the service with a check. C&P contacted CrossCheck and, on its recommendation, accepted the check. When the check was dishonored, C&P mailed it to CrossCheck, which reimbursed C&P and sent a letter to Winterstein requesting payment. Winterstein filed a suit in a federal district court against CrossCheck, asserting that the letter violated the Fair Debt Collection Practices Act. CrossCheck filed a motion for summary judgment. On what ground might the court grant the motion? Explain.

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Business Law Text and Cases

ISBN: 978-0324655223

11th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Gaylord A. Jentz, F

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