Fell v. Alco Capital Group LLC
Fell v. Alco Capital Group LLC, 2023 UT App 127 (Orme, J.)
A group of individuals sued a business under the Utah Consumer Sales Practices Act (UCSPA). The group alleged that the business had engaged in deceptive and unconscionable acts by purchasing debt collection while unlicensed under the Utah Collection Agency Act (UCAA). The district court granted summary judgment in favor of the business, concluding that without some affirmative misrepresentation, simply being unregistered under the UCAA was not a deceptive or unconscionable practice under the UCSPA. The Utah Court of Appeals affirmed, holding:
- The district court correctly concluded that without some showing of an affirmative misrepresentation, Alco’s violation of the UCAA did not constitute a violation of the UCSPA.
- Practice tip: Courts are disinclined to find that the Legislature intended civil liabilities be imposed for the same action that exposes a party to criminal liability without some affirmative guidance from the Legislature.