Franklin v. Parking Revenue Recovery Services, Inc.
This case presents the question whether allegedly unpaid parking fees and associated nonpayment penalties constitute “debts” under the Fair Debt Collection Practices Act. In response to an invitation from the court, the Bureau joined the Federal Trade Commission in filing an amicus brief that argues that the parking fees and penalties are “debts” subject to the FDCPA because they were “obligation[s] or alleged obligation[s] of a consumer to pay money arising out of a transaction” under 15 U.S.C. § 1692a(5). The brief also argues that neither the consumers’ alleged failure to pay amounts owed nor the characterization of the payment obligations as “fines” precluded those obligations from being “debts” under the FDCPA.