Coulter ex rel. Situated v. Receivables Mgmt. Sys.

367 F. Supp. 3d 307
CourtDistrict Court, E.D. Pennsylvania
DecidedFebruary 14, 2019
DocketCIVIL ACTION No. 17-3970
StatusPublished
Cited by2 cases

This text of 367 F. Supp. 3d 307 (Coulter ex rel. Situated v. Receivables Mgmt. Sys.) is published on Counsel Stack Legal Research, covering District 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
Coulter ex rel. Situated v. Receivables Mgmt. Sys., 367 F. Supp. 3d 307 (E.D. Pa. 2019).

Opinion

Juan R. Sánchez, C.J.

Plaintiff Joshua Coulter brings this putative class action against Defendant Io, Inc. t/d/b/a Receivables Management Systems (RMS) (misidentified in the Complaint as "Receivables Management Systems"), alleging violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C §§ 1692 - 1692p. Coulter's claims stem from a debt collection letter he received from RMS. Coulter alleges the collection letter violated two provisions of the FDCPA-§ 1692e and § 1692g-because it misleadingly suggested he could dispute the debt RMS was seeking to collect by calling RMS when, in fact, a dispute must be in writing to be effective under the FDCPA. Coulter and RMS have filed *310cross-motions for summary judgment limited to the issue of RMS's liability to Coulter-i.e., whether the debt collection letter violated the FDCPA. Because the Court agrees with Coulter that the collection letter violated the FDCPA as a matter of law under Caprio v. Healthcare Revenue Recovery Group, LLC , 709 F.3d 142 (3d Cir. 2013), Coulter's motion will be granted, and RMS's motion will be denied.

FACTS1

On January 13, 2016, Coulter sought and received medical treatment at a Patient First urgent care center in or near Lancaster, Pennsylvania. Coulter was a 25-year-old university student at the time of the visit and was covered under his father's insurance policy. In June 2016, Coulter received an invoice from Patient First at his parents' address requesting payment of $71.97 for the January visit. Coulter did not pay the invoice, believing his insurance company should have covered the fee. Coulter received additional invoices from Patient First at his parents' address in July and August 2016, which he also did not pay.

On September 7, 2016, Patient First contacted RMS, a company in the business of collecting debts owed to third parties, and requested RMS's assistance in collecting the unpaid debt from Coulter. The following day, RMS mailed a one-page collection letter (the "Collection Letter") to Coulter, stating:

COLLECTION NOTICE
Your delinquent account with Patient First has been placed with RMS for immediate attention.
Our records indicate that despite our client's numerous requests for payment you have allowed your account to become seriously PAST DUE. Your payment of this balance, however, will allow us to cease further collection action against you.
If you feel that this balance may be due from your insurance carrier please contact your carrier prior to contacting the representative at the extension listed below.
Our Collection Representatives are available to work with you between the hours of 8:30 a.m. and 4:30 p.m. Mail your payment or call today.
Collection Representative: Phil Irvin
Extension 3141
Federal Law requires us to inform you that:
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 from receiving this notice, this office will: obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgement or verification.

Decl. of Ari H. Marcus, Esq. in Supp. of Pl.'s Mot. for Summ. J. (hereinafter, "Marcus Summ. J. Decl.") Ex. A. A P.O. Box address for RMS was printed at the bottom of the Collection Letter, and two telephone numbers for RMS were listed below the P.O. Box address in large boldface type. The foregoing Collection Letter was the first communication Coulter received from RMS.2

*311On September 5, 2017, Coulter filed suit against RMS, alleging the Collection Letter violated 15 U.S.C. §§ 1692e and 1692g because by directing Coulter to call an RMS representative if he believed the debt was due from his insurer, the Letter incorrectly suggested that Coulter could dispute the debt by calling when written notice of a dispute is required. Coulter seeks to pursue this action on behalf of a class consisting of individuals in Chester County, Pennsylvania, to whom RMS sent a debt collection letter containing the statement, "[i]f you feel that this balance may be due from your insurance carrier please contact your carrier prior to contacting the representative at the extension listed below." Compl. ¶ 14.

Following a Rule 16 conference on December 11, 2017, the Court entered a scheduling order which directed the parties to conduct fact discovery on the issue of RMS's liability to Coulter under the FDCPA and to file cross-motions for summary judgment on liability at the close of discovery. Those motions have been fully briefed, and oral argument was held on October 30, 2018.

DISCUSSION

A motion for summary judgment shall be granted "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). Material facts are those facts "that might affect the outcome of the suit under the governing law." Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A factual dispute is genuine if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Id. "Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is no genuine issue for trial." Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538

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Bluebook (online)
367 F. Supp. 3d 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coulter-ex-rel-situated-v-receivables-mgmt-sys-paed-2019.