X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER   Before the Court is Defendants’ motion to dismiss. (Doc. 15.) For the following reasons, the motion is GRANTED. I. BACKGROUND I accept as true the facts, but not the conclusions, set forth in Plaintiff’s Complaint, (Doc. 1 (“Compl.”)), as supplemented by documents integral thereto. This Fair Debt Collection Practices Act (“FDCPA”) dispute arises out of a debt collection letter that Defendant Halsted Financial Services, LLC sent to Plaintiff on or about April 4, 2019. (See id. 29; id. Ex. A.) Halsted had been retained by Defendant LVNV Funding, LLC to collect the debt, which was originally owned by Citibank, N.A. (Id.

23-24, 27.)1 The letter is a single page and contains information regarding the original and current creditors, balance details, and payment options. (See id. Ex. A.) As relevant to the instant motion, the letter’s penultimate paragraph states, “Please note that a negative credit bureau report reflecting on your credit record may be submitted to a credit reporting agency by the current account owner if you fail to fulfill the terms of your credit obligations. This notice in no way affects any rights you may have.” (Id. Ex. A.) The next and last paragraph of the letter, which appears in the same font and size as the preceding paragraphs, contains the FDCPA’s “mini-Miranda” warning and validation notice and reads as follows: This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Unless you notify this office within 30 days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request from this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different than the current creditor. (Id. Ex. A.) Plaintiff filed suit on February 11, 2020, alleging that the credit reporting language in the penultimate paragraph of the letter violates the FDCPA by overshadowing the validation notice. (See id.) Specifically, Plaintiff alleges that the credit reporting language coerces payment from the consumer through the threat of imminent credit reporting during the initial thirty-day validation period and therefore violates 15 U.S.C. §§1692g and 1692e. (Id.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›