Bentrud v. Bowman, Heintz, Boscia & Vican, P.C.

Dist. Ct. did not err in granting defendant-law firm’s motion for summary judgment in action alleging that defendant violated Fair Debt Collection Practices Act (FDCPA) by seeking summary judgment in state court action to collect on underlying debt after plaintiff had sought arbitration on said claim, and by asserting interest rate on debt that was lower than rate that had applied to plaintiff’s credit card. Instant credit card agreement allowed for creditor to change rate of interest, and record showed that creditor had actually lowered plaintiff’s interest rate to level asserted by defendant. As such, there was no misrepresentation on part of defendant. Moreover, defendant’s prosecution on debt in state court had no FDCPA consequence.