UTA Files Brief in Nevada "Debt Collector" Case

Donna Osborne, Esq.

UTA has filed an amicus brief in the case of Quality v. DBI. The law firm of Wright Finlay & Zak was retained to file the brief for UTA on this appeal involving whether a trustee in Nevada must be a licensed “debt collector”. Jonathan Fink, Esq., Donna Osborne, Esq., and Robin Wright, Esq., wrote and filed the brief on behalf of the Association. UTA is opposed to trustees in Nevada having to be a licensed debt collector.  Issues in this case include: 

• Whether the licensing of foreclosure trustee’s is actually moot as the legislature in AB 273 (2011) made debt collection licensing an “or” as part of the qualifications to be a trustee;
  
  
• Whether licensing as a debt collector would constitute an unconstitutional restraint on trade as it appears that no company could hold a foreign debt collectors license and act as a trustee as methods of communication for foreign debt collection agency are limited and may not include all activities a foreclosure trustee is required to do;
  
  
• Whether when all trustee’s conduct trustee activities in the same method and manner as directed by statute you can actually say only “this” trustee must be licensed.