Summary Judgment Dismissal of Collection Class Action

Marc Rosenberg won summary judgment dismissal in Alcock v. AAC, King County Superior Court.  Plaintiffs brought a putative class action lawsuit, alleging that medical debt is an unliquidated sum since the amount to be charged is unknown when the services are rendered, and therefore the assessment of prejudgment interest in collection letters violated RCW 19.16.250(15) and (21) of the Washington Collection Agency Act, which they alleged was a per se violation of Washington’s Consumer Protection Act.   The superior court entered summary judgment after Marc argued that: (1) the amount was liquidated by the time judgment was entered in an underlying collection action, (2) the judgment in the collection action was res judicata as to interest, (3) interest was properly charged as the hospital consents were contract that permitted it, (4) interest was permitted as a forbearance under RCW 19.52.010(1), and (5)  the Plaintiffs failed to meet elements of their Consumer Protection Act claim.

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