Irvine v. I.C. System, Inc.

176 F. Supp. 3d 1054, 2016 U.S. Dist. LEXIS 43743, 2016 WL 1258586
CourtDistrict Court, D. Colorado
DecidedMarch 31, 2016
DocketCivil Action No. 14-cv-01329-PAB-KMT
StatusPublished
Cited by6 cases

This text of 176 F. Supp. 3d 1054 (Irvine v. I.C. System, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Irvine v. I.C. System, Inc., 176 F. Supp. 3d 1054, 2016 U.S. Dist. LEXIS 43743, 2016 WL 1258586 (D. Colo. 2016).

Opinion

ORDER

PHILIP. A. BRIMMER, United States District Judge

This matter is before the Court on the Motion for Summary Judgment [Docket No. 36] and Second Motion for Summary Judgment [Docket No. 59] filed by defendant I.C. System, Inc. (“ICS”), and plaintiffs Motion for Summary Judgment [Docket No. 60], This Court has jurisdiction pursuant to 28 U.S.C. § 1331.

I. BACKGROUND1

This case arises out of defendant’s alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq. On or about March 31, 2011, plaintiff Leona Irvine incurred a debt (the “Account”) to Banfield Pet Hospital. Docket No. 36-1 at 2, Statement of Undisputed Material Facts (“SUMF”) 1; Docket No. 48 at 2, ¶ 1. Plaintiff defaulted on the Account by failing .to make timely payments. Id., SUMF 3. On November 28, 2011, the Account was transferred to ICS for collection. Docket No. 36-1 at 3, SUMF 2.

On March 13, 2014,’plaintiff called ICS. Docket No. 36-1 at 3, SUMF 5. A transcription of the March 13, 2014 phone call states, in relevant part:

[ICS representative]: [0]k it looks like you have a balance of $630.51 with Ban-field Pet Hospital.
[1057]*1057[Plaintiff]: And how did it get to that? [ICS representative]: Well there was a balance of $536.61 there was a nonpayment adjustment of $93.90 and then there was a collection charge. Yes the collection charge was $93.90. It was originally $536.61 then they added a collection charge.
[Plaintiff]: What date is this for?
[ICS representative]: This was for March 31,2011.
[Plaintiff]: 2011?
[ICS representative]: Yes, will you be paying that in full today Leona?
[Plaintiff]: Well I don’t believe it’s that. I don’t owe that balance. I don’t owe that much.
[ICS representative]: Ok how much can you pay?
[Plaintiff]: Well what can we do to settle this?
‡ ^
[ICS representative]: [T]he lowest I can go is $315.25.
[Plaintiff]: I disagree with that balance it’s just too much and I want to get this settled for that.2
[ICS representative]: Ok that’s the lowest I can go. It’s the lowest Banfleld Pet Hospital allows me to go.
[Plaintiff]: Well that’s too much. I can pay maybe $10 or $15 dollars a month. * * *
[ICS representative]: Ok, and then when were you going to have these payments posted by? So I can set your date on here?
[Plaintiff]: Um... I don’t know. Let me think here. Only thing is this is messing up my credit report because it’s on here.
[ICS representative]: I understand.
[Plaintiff]: So what do I have to do to get it off my credit report?
[ICS representative]: Well the only: I mean if you paid in full, which you sáid you won’t be able to, but if you paid in full we will report it on Monday as paid in full zero balance then your account would have to show as paid in full for 30 days then our system will automatically request this to be deleted after showing it is paid in full for 30 days.
[Plaintiff]: So I have to pay it off to get it off my credit report?
[ICS representative]: No, but each payment that’s made towards the account ma’am will be reported as a payment so say you pay $15 today that payment will be reported as a payment and once its paid off it will be reported as paid in full zero balance. And then it will have to show on your account as paid in full for 30 days and then our system will automatically request this to be deleted. [Plaintiff]: So it’s going to stay on my credit report until it’s paid? [ICS representative]: Yes correct.
[Plaintiff]: So I need to pay it?
[ICS representative]: If you want it'off your credit report sooner yes. Instead of doing payment arrangements for $15 a month, yes. Correct.
[ICS representative]: Ok ma’am well do you mind if we update the address?
[Plaintiff]: [Provides current address]
[ICS representative]: Ok Thank you.

Docket No. 36-3 .at 1-8.

Before the March 13, 2014 phone call from plaintiff, ICS had reported the Account to Experian and TransUnion, pro-’ viding information on the balance of the Account and plaintiffs address. Docket No. 36-1 at 4, SUMF 11; Docket No. 48-2 at 41 (Bacon Rule 30(b)(6) Depo., 133:4-15). [1058]*1058On March 16, 2014, ICS provided plaintiffs new address to Experian and Tran-sUnion. Docket No. 36-1 at 4, SUMF 12. During the March 16, 2014 communication, ICS did not identify the debt as disputed. Docket No. 60 at 4, ¶ 8.

On March 18, 2014, plaintiff made a payment towards the Account in the amount of $16.00. Docket No. -36-1 at 4, SUMF 14. On March 23, 2014, defendant updated the balance information for the Account with Experian and TransUnion to reflect plaintiffs March 18 payment. Id., SUMF 16. During the March 23, 2014 communication, ICS did not identify the debt as disputed. Docket No. 60. at 4, SUMF 10.

On March 16 and 23, 2014, ICS was a person who regularly and in the ordinary course of business furnished information to consumer reporting agencies about ICS’s transactions or experiences with consumers. Docket No. 36-1 at 4, SUMFs 13, 17.

On April 1, 2014, ICS communicated information regarding the Account to Ban-field Pet Hospital via email, including plaintiffs name, the debtor reference number, the amount paid to the defendant, the amount paid to Banfield Pet Hospital, the fee due to the defendant, and the amount due to Banfield Pet Hospital. Docket No. 60 at 5, SUMF 11; Docket No. 59 at 2, SUMF 11. Defendant did not indicate that the amount was disputed. Docket No. 60 at 5, SUMF 11.

On May 12, 2014, plaintiff filed her complaint alleging that defendant’s March communications violated §§ 1692e, e(2)(A), e(8), e(10), and 1692f of the FDCPA by making false, misleading, or deceptive statements and for making communication regarding the Account without also identifying the Account as • a disputed debt. Docket No. 1 at 9-10.

On May 18,2014, ICS updated plaintiffs account information with Experian and TransUnion to show that the Account was “deleted.” See Docket No. 36-1 at 5, SUMF 21.3

On October 7, 2015, plaintiff filed an amended complaint in which she added allegations regarding defendant’s April 1, 2014 communication to Banfield Pet Hospital, Docket No. 56 at 9-11, ¶¶ 63-75, and defendant’s May 18, 2014 communication to Experian and TransUnion. Id. at 8, ¶¶ 55-58.

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Bluebook (online)
176 F. Supp. 3d 1054, 2016 U.S. Dist. LEXIS 43743, 2016 WL 1258586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irvine-v-ic-system-inc-cod-2016.