Case

Respond to the following case using the IRAC format as described on the directions posted on MyCMU. There are written instructions posted as well as an audio explanation of how to do the assignment. The document should be typed in a Word document (or rich text format) and sent to me via file exchange as described on the syllabus.

Gloria Mahon incurred a bill of $279.70 for medical services rendered by Dr. Larry Bowen. For more than two years, Bowen sent monthly billing statements to the Mahons at their home address (where they have lived for forty-five years). Getting no response, Bowen assigned the collection of their account to Credit Bureau of Placer County, Inc. Credit Bureau uses computerized collection tracking and filing software, known as Columbia Ultimate Business Systems (CUBS). CUBS automatically generates standardized collection notices and acts as an electronic filing system for each account, recording all collection activities, including which notices are sent to whom and on what date. Credit Bureau employees monitor the activity, routinely noting whether an envelope is returned undelivered. Credit Bureau mailed three CUBS-generated notices to the Mahons. According to Credit Bureau's records, the notices were not returned and the Mahons' account as delinquent. The Mahons filed a suit in a federal district court against Credit Bureau, alleging in part that the agency had failed to send a validation notice, as required by the Fair Debt Collection Practices Act. Credit Bureau filed a motion for summary judgment. Should a notice be considered sent only if a debtor acknowledges its receipt? Why or why not? [Mahon v. Credit Bureau of Placer County, Inc., 171 F.3d 1197 (9th Cir. 1999)]