Crisp v. Allied Interstate Collection Agency

149 F. Supp. 3d 589, 2016 U.S. Dist. LEXIS 24212, 2016 WL 787516
CourtDistrict Court, M.D. North Carolina
DecidedFebruary 29, 2016
Docket1:15cv303
StatusPublished
Cited by4 cases

This text of 149 F. Supp. 3d 589 (Crisp v. Allied Interstate Collection Agency) is published on Counsel Stack Legal Research, covering District Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crisp v. Allied Interstate Collection Agency, 149 F. Supp. 3d 589, 2016 U.S. Dist. LEXIS 24212, 2016 WL 787516 (M.D.N.C. 2016).

Opinion

MEMORANDUM ORDER

THOMAS D. SCHROEDER, District Judge.

Using what is facially apparent to be a boilerplate complaint from a wholly different legal action in Ohio, Plaintiff Luster James Crisp brings claims under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692 et seq.- Before the court are motions for judgment on the pleadings by Defendants Portfolio Recovery Associates, LLC (“Portfolio”) (Doc. 32), Collecto, Inc. (“Collecto”). (Doc. 25), and Online Information Services (“Online”) (Doc. 37). Crisp has filed responses to Collecto’s and Online’s motions (Docs.30, 42). but has not responded to Portfolio’s, motion. For the reasons set forth below, the motions will be granted, and all claims against Portfolio, Collecto, and Online will be dismissed.1

I. BACKGROUND

The complaint is organized as a series of counts, each directed at a different Defendant and containing its own “Plain Statement” of allegations. (See Doc. 2.) The allegations in the claims against Portfolio [591]*591(Count III), Collecto (Count IV), and Online (Count V) are identical, except for a single sentence identified below. Rather than attempt-to parse the complaint’s factual allegations from its numerous legal conclusions, the court will reproduce the “Plain Statement” portion 'of the relevant claims in their entirety:

The defendant sent written communication to the plaintiff claiming to be the creditor of the plaintiff and demanding money in exchange for not suing the plaintiff The defendant mailed a series of written communications to the plaintiff with the same message, each of which appear [sic] to have been calculated to coerce the plaintiff- into' providing financial disclosures and money in exchange for the promise of not suing him or garnishing, his wages. ,
, The plaintiff responded, each time with a notice of dispute and demanding [sic] that the defendant’s claims be validated with some record or information demonstrating that the defendant had the legal right to obtain and use the plaintiffs personal information and -to collect the purported debt.
The defendant failed to answer these requests or respond.
The defendant threatened to report unpaid amounts to a third party debt collector, namely the Internal Revenue Service, for the purpose of subjecting the plaintiff to taxes on amounts of money falsely claimed and reported by the defendant.
The defendant made false representations that it had the rights [sic] to contact the plaintiff under certain credit agreements, but when asked- for validation or verification, no response was given.
The defendant has falsely represent [sic] the amount alleged to be owed by the plaintiff or the amount of compensation the defendant will receive. The plaintiff- has requested that the defendant disclose its interests.
The defendant requested certain financial disclosures from the plaintiff claiming that the disclosures would persuade the defendant to cease its collection actions provided that money was paid by the plaintiff to the defendant or its privies.
The defendant did not have the typical credit information of -the plaintiff, such as a social security number, or date of birth or other banking information that a creditor would normally be expected to have already obtained before a debt obligation was established. ■
The defendant has used a false or fictitious name in the undertaking of its collection actions. The plaintiff has reason to believe that a group of individuals are using the corporate name of the defendant to conceal their efforts and illegal actions in order to escape liability when exposed. The defendant has used a name other than the true name of its business, company or organization.
After several written requests, the defendant has refused to identify its owners, principals or interests it claims to have against the plaintiff. Instead of making these disclosures, defendant has falsely represented that it does have certain legal rights' to collect money from the plaintiff if plaintiff fails or refuses to provide more credit, banking, financial, personal and other identifying information along with agreeing to making [sic] regular payments of money to the defendant or its privies.
The defendant failed or refused to provide an accounting of its claim showing any unpaid balance and instead simply demanded money in exchange for not collecting and has only provided copies of records that could have been ob[592]*592tained from the plaintiffs credit file, trash or other records held for the plaintiff by other third parties.
The defendant has falsely represented the name of the creditor to whom it alleges the debt is owed.
The defendant has threatened to undertake a collection action against the plaintiff when it has no such rights [sic] to do so.
The defendant falsely represented that if the plaintiff failed or refused to cooperate by providing financial, banking, credit, personal and other identifying information along with money, that it would sue the plaintiff for money and damage his good name and reputation and cause him to incur unnecessary legal expenses in defending himself.
The defendant delivered to the plaintiff written communications that were made to look like or falsely represent documents authorized, issued, or approved by a court, official, or agency of the United States or the state, by using words that would give a false impression of the document’s source, authorization, or approval.
The defendant has falsely represented that the plaintiffs credit accounts were sold to innocent purchases [sic] for value. The defendant claims to be representing creditors, whether or not they are creditors of the plaintiff, these claims have never been verified as requested by the plaintiff.
The Defendant failed to provide the Plaintiff with validation of debt within five business days of contacting him.
The defendant has somehow acquired the personal and banking information of each of the plaintiff and has used that information for their own personal gain and benefit without any permissible purpose.2

(Doc. 2 at 6-8.)3

II. ANALYSIS

A. Failure to Properly Respond to Defendants’ Motions

As an initial matter, the court must note that Crisp failed to properly respond to Defendants’ motions for judgment on the pleadings.

The court issued Crisp a “Rose-boro” letter for each of Defendants’ motions (Docs.28, 35, 40), which informed him of his right to respond to the motions and the deadlines for doing so, instructed him that any response should contain his reasons for opposing the motion and citations to supporting authorities, and warned him that, if he failed to properly respond, “it is likely your case will be dismissed or judgment granted in favor of the defendants.” (Id.)

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Bluebook (online)
149 F. Supp. 3d 589, 2016 U.S. Dist. LEXIS 24212, 2016 WL 787516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crisp-v-allied-interstate-collection-agency-ncmd-2016.