Ballard

MEMORANDUM AND ORDER

Plaintiffs Gary and Nancy Ballard bring this action against defendant Equifax Check Services, Inc. (“ECS”) for violations of the Fan- Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692 et seq., and the California Unfair Business Practices Act (“CUBPA”), Cal. Bus. & Prof.Code §§ 17200 et seq. This action was initially brought as a class-action, and plaintiffs initially moved this court for partial summary judgment on a class-wide basis as to liability, restitution, declaratory and injunctive relief. Fed. R.Civ.P. 56. However, after this motion was filed, on September 9, 1997, the court denied plaintiffs’ motion for class certification. At the May 14, 1998 hearing on plaintiffs’ motion for summary judgment, plaintiffs’ counsel conceded that the denial of class certification mooted the motion as to the issues of injunctive relief and restitution. Thus, only plaintiffs’ requests for declaratory relief and a finding of liability are currently before the court.

BACKGROUND

Defendant ECS is in the check authorization and warranty business. ECS contracts with retail merchants who accept checks from their customers. When a customer presents a check to the…