Rowe

I. Background

According to the complaint, Rowe borrowed $2,500 from Jackson County Federal Savings and Loan pursuant to a stu- dent loan agreement. The loan was guaranteed by the Oregon State Scholarship Commission (“OSSC”). After graduation, Rowe defaulted on the loan. The OSSC then “turned over and assigned this account to [ECMC] for collection.” ECMC sought collection of Rowe’s defaulted loan by administra- tively garnishing Rowe’s wages. According to the complaint, Rowe repaid his loan in full on July 18, 2005, but ECMC con- tinued to garnish his wages through November 9 of that year.

Rowe sued ECMC in federal district court, alleging viola- tions of the FDCPA, 15 U.S.C. §§ 1692e(2), 1692e(5), 1692f(1), 1692f(6), the Oregon Unfair Debt Collection Prac- tices Act (“OUDCPA”), Or. Rev. Stat. § 646.639, and Oregon law of conversion. ECMC moved to dismiss Rowe’s FDCPA claim under Rule 12(b)(6) for failure to state a claim. ECMC contended that its collection activity was not covered by the FDCPA because it was “incidental to a bona fide fiduciary obligation.” 15 U.S.C. § 1692a(6)(F)(i). In the alternative, ECMC contended that its collection activity was not covered because it…