specially concurring.
Basically, I accept the views of District Judge Carey and the majority of this Court. Where I differ from the views of both Justice Johnson and Chief Justice Bakes is on their analysis of the business Christensen engages in, and his manner of conducting it. Apparently he deals in the acquisition of choses in action, primarily debts that for the most part have been created by contracts, express or implied.
For example, suppose Busy Bee Grocery is owed $850.00 by Joe Debtor and Christensen acquires an assignment of the debt. Christensen might in turn seek out some individual to whom he can sell Joe Debtor’s debt, and might convince Jane Doe to buy it. Instead, Christensen approaches Joé Debtor and convinces Joe that his life will be better if he, Joe, buys up the debt. The right to recover a debt is a chose in action, and no law prohibits dealing in the business of buying and selling choses in action. Buyers of choses in action from anyone but the original creditor are bound to be hard to find. So, what better solution than to sell the debt to the original debtor? But Christensen is not easy on Joe; he extinguishes Joe’s old debt by creating a new and greater debt. By apparently unfair business practices, a new debt is created which in amount, terms, and interest is more onerous than the original debt. Result: Christensen appears to be in violation of the I.C.P.A., because the I.C.P.A. clearly covers the sale of goods or services.
A debt clearly falls within the I.C.P.A.’s classification of “goods,” and Christensen’s “debt rearrangements” are a “service.” Here, Christensen’s business, although not improper if carried out properly, appears to have been unfair — as witnessed by those with whom he dealt:
Miss Kinsey received the initial demand letter from WAC in December. She says she tried to contact WAC, but got no answer. She was served papers about one month later. She went to see Christensen and was ‘scared’ when she heard him talking to someone on the phone about license plate numbers and where people were last seen. She says she felt like it was more like a private investigator’s office. Because of her fear, and his comment that signing a promissory note would keep him from ‘bothering her,’ she signed the note. Terms: principal $1322, 11.78% interest, final $350 waived if paid as agreed, monthly payments $15 (payment arrangement effective for 90 days only, may be renewed).
R., 37. For checks totalling $54, WAC sought $804:
Ms. Vaquera says she never received the initial demand letter, but got a call at work in November or December of ’87. Caller said the letter had been mailed to her former address. She says she had a forwarding notice in effect at post office. Ms. Vaquera asked the caller (apparently Christensen) not to contact her at work, but to call her at home. He got mad and said he would just take her to court. Was served papers at her residence at 11:30 p.m. on February 3 or 4, 1988. She has not signed a note or made any payments.
R., 38. In another instance, WAC sought $458 for an $8 check:
In October of 1987, Mr. Warth went to see Christensen about the bad check. He was informed that he would be responsible for paying back $491 to cover collection costs and attorney’s fees (WAC filed a motion for dismissal of the complaint in November). Mr. Warth apparently signed a note for that amount, to be paid in $20 per month payments. In November, Mr. Warth was one day late making his payment, and Ms. Worth [sic] received a call from Christensen in which he allegedly said ‘if I could have my way, I’d have the damn jerk who wrote the check thrown in jail.’ Mr. Warth’s son, Brad, who works for Credit Data, and is *403knowledgeable about proper collection activities, went to see Christensen. Christensen allegedly told Brad to ‘get the hell out of my office.’ A total of $60 has been paid to WAC. * ’Signed statements are on file.* *
R., 39. For $101 in checks, WAC filed for $753:
Ms. Camara was in the hospital as a result of a serious car accident when WAC contacted her mother last April. Christensen was apparently ‘very rude’ to her mother in phone conversations. After Ms. Camara got out of the hospital, she was served a demand letter and complaint (January ’88). She contacted WAC and was told to come to their office. She made a $22 payment, and offered to make two $50 payments to pay off the debt. Christensen told her that she would have to sign a note, and that if she didn’t pay $25 per month, she would 'go to jail.’ Ms. Camara is afraid that she will be put in jail if she misses a payment. Has made $25 payment for February. Terms of note: principal— $753, monthly payment $25, interest 11.78%, final $250 (attorney’s fees) waived if payments are made as agreed.
R., 40. For a $15 check, WAC initially sought $498, but later increased this to $682:
Mr. Pereira was advised by WAC that he ‘owed’ $198 plus $300 attorney’s fees for a $15 returned check, and that since he couldn’t pay the full amount, he had to sign a note, which he did (terms: principal $498, weekly payments of $25, interest at 18.81%, final $300 waived if payed [sic] as agreed). He was told that if he didn’t sign the note, WAC would ‘confiscate my automobiles plus everything I owned of value and throw me in jail’ Pereira made the first payment, but could only pay $15 the second week. He told Christensen he would make up the difference (and payed [sic] $35 and $40 the following weeks). Christensen agreed to the payments. After he had paid $185, he went to make the final payment and was told he still owed the $300 attorney’s fees — because he defaulted the second week. At this point he decided not to make any more payments, and filed a complaint with A.G.’s office. WAC has filed a complaint asking for $682, consisting of $332 unpaid balance on note and $350 additional attorney’s fees if judgment entered by default. * ’Signed statement on file.* *
R., 40. Lastly:
Mr. Anderson has told me, and will testify, that he has offered on several occasions to pay CSI the face amount of the check, but each time he was refused. CSI would not accept less than the amount of the check plus $198 in triple damages.
R., 45. This triple amount was required in advance of any lawsuit.
As these excerpts from the record reveal, Christensen’s business of dealing in goods by the apparent use of “strong arm” tactics and deceptive new debt arrangements falls clearly within the ambit of the I.C. P.A.