a. On what basis did the Court side with Bradley regarding the fee?
b. What contractual language did the court suggest would allow for recovery of the fee against Bradley?
c. What does the FDCPA specifically prohibit?
When Melvin Bradley sought treatment at North Alabama Urology, P.C. (Urology) he signed a patient agreement, stating that: "In the event of non-payment . . . I agree to pay all costs of collection, including a reasonable attorney's fee." He then incurred a bill for $861.96, which he failed to pay. Urology referred his bill to Franklin Collection Service, Inc. and, in the process, added a $293.06 collection fee to Bradley's balance. The contract between Urology and Franklin provided that Urology would add 331/3 percent to a debt prior to transferring the account to Franklin and then Franklin was entitled to 30 percent of the total it collected.
Bradley challenged this fee, alleging that it violated the FDCPA. Both parties moved for summary judgment. The district court granted Franklin's motion and Bradley appealed.