Paris v. Steinberg & Steinberg

828 F. Supp. 2d 1212, 2011 U.S. Dist. LEXIS 126262, 2011 WL 5237761
CourtDistrict Court, W.D. Washington
DecidedNovember 1, 2011
DocketCase No. C11-993 MJP
StatusPublished
Cited by7 cases

This text of 828 F. Supp. 2d 1212 (Paris v. Steinberg & Steinberg) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paris v. Steinberg & Steinberg, 828 F. Supp. 2d 1212, 2011 U.S. Dist. LEXIS 126262, 2011 WL 5237761 (W.D. Wash. 2011).

Opinion

ORDER ON DEFENDANTS’ MOTIONS TO DISMISS, MOTION SUMMARY JUDGMENT, PROTECTIVE ORDER AND PLAINTIFF’S MOTION TO WITHDRAW

MARSHA J. PECHMAN, District Judge.

This matter comes before the Court on Defendant Atlantic Credit & Finance’s (“ACF”) motion to dismiss (Dkt. No. 20), Defendant Woolwine’s motion to dismiss (Dkt. No. 19), Defendant Steinberg’s motion to dismiss (Dkt. No. 5), Defendant Steinberg’s motion for summary judgment (Dkt. No. 30), Defendant’s motion for a protective order (Dkt. No. 44), and Plaintiffs motion to withdraw as counsel (Dkt. No. 25). Having reviewed the motions, the Defendants’ various joinder motions (Dkt. Nos. 21, 34, and 47), Plaintiffs responses (Dkt. Nos. 15, 28, 29, 40, and 56), Defendants’ replies (Dkt. Nos. 18, 33, 42, 49, and 57), Defendant Steinberg’s request for judicial notice (Dkt. No. 39), related briefing on judicial notice (Dkt. Nos. 50 and 53), Plaintiffs motion for leave to file a surreply (Dkt. No. 36), Defendant’s response to the motion for surreply (Dkt. No. 37), and all related filings, the Court GRANTS in part and DENIES in part Defendants ACF and Woolwine’s motions to dismiss, DENIES Steinberg’s motion to dismiss, DENIES Defendant’s motion for a protective order as moot, GRANTS Defendants’ motion for summary judgment, GRANTS Plaintiffs motion to withdraw as counsel, takes judicial notice of American Express Centurion Banks v. Eickhof, Case No. 10-2-45119-6-SEA, in King County Superior Court, and GRANTS Plaintiffs motion for leave to file a surreply. The Court allows Plaintiff leave to amend the complaint.

Background

Plaintiff Scott Paris (“Paris”) is suing Defendants Quentin Steinberg (“Stein-berg”), Steinberg & Steinberg, Kelly Woolwine (“Woolwine”), and ACF for violations of the Fair Debt Collection Practices Act (“FDCPA”), Washington Collection Agency Act (“WCAA”), and the Washington Consumer Protection Act (“CPA”). Steinberg is an attorney doing business as Steinberg & Steinberg and Woolwine is the President and Chief Operating Officer of ACF, a privately-held, debt collection agency.

Paris alleges Defendant Steinberg sent him a letter on December 21, 2010 that violated the FDCPA requirements for “ini[1216]*1216tial communications.” The lettei’ reads as follows:

December 21, 2010
Re: Atlantic Credit and Finance, Inc.
Dear Mr. Paris:
Please be advised that I have been consulted by the above in regard to a claim against you in the amount of $9,521.42. If the above-named creditor is not the original creditor, we will, if requested within thirty (30) days, furnish you with the name and address of the original creditor.
If you dispute the validity of this debt, you must notify this office within thirty (30) days of receipt of this notice, and a verification of the debt, or a copy of the Judgment, will be sent to you.
Be advised, this is an attempt to collect a debt and any information we obtain will be used for the purposes of collecting this debt.
Failing to hear from you within said thirty (30) days, we shall assume that the debt is valid, and we shall have no choice but to proceed against you without further notice, which may result in considerable expense to you.
Very truly yours,
Quentin Steinberg.

(Compl., Exhibit A.)

Plaintiff argues the December 21, 2010 letter violated the FDCPA by failing to specify that (1) Paris must dispute the debt in writing (2) the thirty day dispute period begins to run upon receipt, rather than from the date of, the letter, (3) Paris may challenge any portion of the debt, not necessarily the whole debt, and (4) that the letter was confusing, misleading and/or deceptive. In addition, Paris alleges Defendant violated the WCAA and the WCPA, by attempting to collect on a debt without being a licensed collection agency.

Plaintiff seeks to certify two classes under Fed.R.Civ.P. 23(b)(1)(A) and (B):

All persons located in Washington who, within one year before the date of this complaint, received a letter from Defendants in connection with an attempt to collect any consumer debt, where the letter was substantially similar or materially identical to the letter delivered to Plaintiff.
All persons located in Washington against whom, within one year before the date of this complaint, Defendants brought or maintained an action in a court of this state involving the collection of a claim of a third party without alleging and proving that Defendants are duly licensed under RCW 19.16.110, et. seq.

Discussion

A. Defendants’ Motions to Dismiss

1. Standard

“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Id. (citing Twombly, 550 U.S. at 555, 127 S.Ct. 1955). A plaintiff must “provide the ‘grounds’ of his ‘entitle[ment] to relief.’ ” Twombly, 550 U.S. at 555, 127 S.Ct. 1955 (citations omitted). “A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’ ” Iqbal, 129 S.Ct. at 1949 (quoting Twombly, 550 U.S. at 555, 127 S.Ct. 1955).

[1217]*12172. Defendant Woolwine and ACF’s Rule 12(b)(6) Motion to Dismiss

Defendant Woolwine and ACF argue in separate but overlapping motions that (1) Plaintiff failed to allege actual damages under the CPA, (2) Plaintiff lacks standing to sue under the WCAA, and (3) ACF was not the party who sent the disputed “initial communication.” Defendant Steinberg filed a motion to join with respect to the former two arguments. Plaintiffs responses to Defendants’ motions were untimely, but the Court prefers to reach the merits and, therefore, GRANTS Plaintiffs motion to file a surreply and considers Plaintiffs arguments.

a. CPA

Defendants argue the CPA claims fail because Plaintiff does not allege actual damages. The Court agrees. Under the CPA, a plaintiff must plead five elements: (1) an unfair or deceptive act or practice, (2) occurring in trade or commerce, (3) causing, (4) injury, and (5) a public interest impact. Hangman Ridge Training Stables, Inc. v. Safeco Title Ins. Co., 105 Wash.2d 778, 780, 719 P.2d 531 (Wash.1986).

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Cite This Page — Counsel Stack

Bluebook (online)
828 F. Supp. 2d 1212, 2011 U.S. Dist. LEXIS 126262, 2011 WL 5237761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paris-v-steinberg-steinberg-wawd-2011.