Del Campo v. Am. Corrective Counseling Serv., Inc.

ORDER GRANTING IN PART AND DENYING IN PART THE PARTIES’ CROSS-MOTIONS FOR SUMMARY JUDGMENT

I. INTRODUCTION

Plaintiffs bring this class action alleging, inter alia, that Defendants engaged in a pattern of behavior in implementing the Santa Clara County Bad Check Restitution Program (“Bad Checks Program”) that violates the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, the California Constitution article I, sections 1 and 7, and the California Unfair Competition Law (“UCL”), Cal. Bus. & Prof.Code §§ 17200 et seq.

Presently before the Court are the parties’ Cross-Motions for Summary Judgment. The Court conducted a hearing on March 22, 2010. Based on the papers submitted to date and oral argument, the Court GRANTS in part and DENIES in part the parties’ Cross-Motions.

II. BACKGROUND

Since the facts of this case are largely undisputed, the Court provides them as necessary in the discussion below. The Court reviews the case’s procedural history to provide some context for these Motions.

This case is a consolidated case between del Campo v. Kennedy, Case No. 01-21151 JW and Medina v. Mealing, Case No. OS-2611 JW. In the original suit, Plaintiff del Campo filed a…