Belile v. Allied Medical Accounts Control Associated Bureaus, Inc. (In Re Belile)

209 B.R. 658, 1997 WL 321359
CourtUnited States Bankruptcy Court, E.D. Pennsylvania
DecidedJune 9, 1997
Docket19-11045
StatusPublished
Cited by4 cases

This text of 209 B.R. 658 (Belile v. Allied Medical Accounts Control Associated Bureaus, Inc. (In Re Belile)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Belile v. Allied Medical Accounts Control Associated Bureaus, Inc. (In Re Belile), 209 B.R. 658, 1997 WL 321359 (Pa. 1997).

Opinion

MEMORANDUM

DAVID A. SCHOLL, Chief Judge.

A BACKGROUND/FACTS

Two out of three adversary proceedings brought by MARIE J. BELILE (“the Debt- or”) challenging collection practices of her creditors remain unresolved. 1 In one proceeding, Defendant WEST CAPITAL FINANCIAL SERVICES (‘West”), has vigorously defended against the Debtor’s claims, requiring a trial. In the other, the Debtor presented testimony merely to assess damages after a default by Co-Defendants ALLIED MEDICAL ACCOUNTS CONTROL and ASSOCIATED BUREAUS, INC. (collectively, “Associated,” the parent company).

The Debtor has asserted three claims against West under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. (“the FDCPA”). The first two raise similar violations of 15 U.S.C. §§ 1692e(5), 1692e(10), which read as follows:

§ 1692e. False or misleading representations
A debt collector may not use any false deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
*661 (10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer____

These claims arise out of the last paragraph in a letter which reads as follows, with the underlined portions except the amount of the debt in red ink:

January 7,1997

(SA02021S22)

MARIE J BELILE

1207 ARROTTST BISMARCK, ND 191245078

NOTICE

RE: NORWEST CARD SERVICES

Account # 8276900058

West Capital Financial Services Corp. has purchased the above referenced account. The amount owed is $5,182.19.

All previous attempts to resolve this account [sic] a voluntary basis have been unsuccessful. If you are unable to pay in full, West Capital Financial Services Corp. is willing to discuss a monthly payment arrangement.

Failure to respond to this notice will result in your account being referred to the Legal Department, with a recommendation to seek a civil judgment for the balance due.

Sincerely,

BRENDA ROBINSON X5014,C021

(800) 825-8131 Ext. 5014

Account Representative

NOTICE: SEE REVERSE SIDE FOR IMPORTANT CONSUMER INFORMATION

The validation notice is included on the reverse side of the letter in black ink. In a deposition of Robert A Clark, Esquire, the Debtor’s vice-president and director of legal affairs, it was established that Clark heads West’s Legal Department, to which the collection of the debt in issue was referred. However, Clark is not admitted to practice law in Pennsylvania and at no time made a referral of the matter to local Pennsylvania counsel.

The Debtor’s final FDCPA claim arises from the fact that the notice of the Debtor’s right to dispute the debt, as provided in 15 U.S.C. § 1692g, appears on the reverse side of the form. The Debtor claims that the red print on the form plus the placing of the validation notice on the reverse side “overshadows” the references to the validation procedure.

The Debtor also testified that she received what she considered an abusive telephone call from a creditor which may have been West. Clark admitted that West made at least one call to the Debtor. However, the Debtor was unable to identify the source of the call with any degree of precision. Therefore, we find that we cannot attribute this call to West.

The Debtor also invokes the following provision of the Pennsylvania Debt Collection Trade Practices Regulations (“PDCTPR”), 37 PA. CODE §§ 303.3(14), (21), (27): 2

§ 303.3. General provisions.
While engaged in the collection of debts, it shall be an unfair or deceptive act or practice for a creditor or debt collector to engage in any of the following acts or practices:
(14) Representing, directly or by implication, that certain action will be taken if such action cannot legally be taken or if such action is not intended to be taken.
(21) Using profane, obscene, or other language the natural consequence of which is to abuse the hearer or reader.
(27) Otherwise abusing or harassing any person in connection with the collection of a debt____

The Debtor presented herself as a sensitive young woman who has undergone extensive psychiatric treatment for many years. *662 She is presently assigned to a “resource counsellor,” who was present in court to provide her moral support, by a mental health provider. She was allegedly particularly susceptible to trauma from collection practices because of her reportedly being subjected to a rape in 1994 just after a confrontation with a bill collector. The Debtor stated that she only read the red-ink portions of the letter and thought that it threatened her with immediate legal action which could result in jail. She also expressed a fear that someone would be sent to her residence to get her if she failed to pay. She immediately telephoned her resource counsellor regarding her concern over the letter upon its receipt and took it to the counsellor. Presumably, the latter allayed her fears.

B. DISCUSSION

1. West’s Letters Violated 15 U.S.C. §§ 1692e(5), 1692e(10).

Ample authority supports the Debt- or’s claim that the collection letter dispatched by West violated 15 U.S.C. §§ 1692e(5), 1692e(10). It is well-established that violations are assessed “from the perspective of the ‘least sophisticated debtor.’ ” Graziano v. Harrison, 950 F.2d 107, 111 (3d Cir.1991). Thus, despite the substance of the letter as not particularly threatening, violent, or offensive to a trained professional person, the Debtor’s untrained perspective must be considered. See also Crossley v. Lieberman, 868 F.2d 566, 571 (3d Cir.1989)

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Cite This Page — Counsel Stack

Bluebook (online)
209 B.R. 658, 1997 WL 321359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belile-v-allied-medical-accounts-control-associated-bureaus-inc-in-re-paeb-1997.