Barbara A. Radi, and Individual, Plaintiff-appellant, v. Bennett Law Offices, a Utah Law Firm; Michael B. Bennett,defendants-appellees, 117 F.3d 1426 (9th Cir. 1997)

Appeal from the United States District Court for the District of Arizona, D.C. No. CV-95-02741-PGR; Paul G. Rosenblatt, District Judge, Presiding.

Before GOODWIN, D.W. NELSON, and TROTT, Circuit Judges.

MEMORANDUM^* 

Barbara A. Radi appeals the district court's dismissal for failure to state a claim, pursuant to Federal Rule of Civil Procedure 12(b) (6), of her action against Bennett Law Offices and Michael B. Bennett. Radi alleged that Defendants' actions in attempting to collect a dishonored check violated the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692-1692o. The district court dismissed the complaint on two grounds: 1) because Plaintiff failed to respond to Defendants' motion to dismiss, and 2) because it concluded that a dishonored check is not a debt within the neaning of the FDCPA.

We recently held that the FDCPA is not limited to the collection of debts arising out of credit transactions, that a dishonored check is a "debt" within the meaning of the FDCPA, and therefore that the FDCPA does apply to the collection of dishonored checks. Charles v. Lundgren & Associates, No. 96-15995 (9th Cir. June 1997). In light of our opinion in Charles, we remand this case to the district court for reconsideration of the motion to dismiss. REMANDED.