Scheuer v. Jefferson Capital Systems, LLC

43 F. Supp. 3d 772, 2014 U.S. Dist. LEXIS 183522, 2014 WL 4435874
CourtDistrict Court, E.D. Michigan
DecidedSeptember 9, 2014
DocketCase No. 14-cv-11218
StatusPublished
Cited by2 cases

This text of 43 F. Supp. 3d 772 (Scheuer v. Jefferson Capital Systems, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scheuer v. Jefferson Capital Systems, LLC, 43 F. Supp. 3d 772, 2014 U.S. Dist. LEXIS 183522, 2014 WL 4435874 (E.D. Mich. 2014).

Opinion

[774]*774 OPINION AND ORDER (1) GRANTING DEFENDANT’S MOTION TO DISMISS (ECF #18); (2) DENYING AS MOOT PLAINTIFF’S MOTION FOR CLASS CERTIFICATION (ECF #14); AND (3) DISMISSING COMPLAINT WITH PREJUDICE

MATTHEW F. LEITMAN, District Judge.

INTRODUCTION

In this action, Plaintiff Donna M. Scheuer (“Scheuer”) alleges that Defendant Jefferson Capital Systems, LLC (“Jefferson”) violated the Fair Debt Collection Practices Act (the “FDCPA”), 15 U.S.C. § 1692 et seq., and the Michigan Collection Practices Act (the “MCPA”), M.C.L. § 445.251 et seq., when it sent her a collection notice containing purportedly false statements. However, the statements in question would not have misled nor deceived the “least sophisticated debt- or,” nor would the statements have been material to such a debtor. Accordingly, the statements are not actionable under the FDCPA or the MCPA.

FACTUAL BACKGROUND

Scheuer bases her claims on a letter she received from Jefferson dated March 7, 2014. (See the “Letter,” attached to the Amended Complaint as Ex. 1, ECF # 13-1.) The Letter stated that a debt of $235.98 owed by Scheuer “is with [Jefferson’s] office for collection and servicing.” (Letter at 2, Pg. ID 174.) The Letter further identified Jefferson as Scheuer’s “[e]urrent [creditor,” and it described the debt in question as “FINGERHUT DIRECT MARKETING.” (Id.)

The Letter asked Scheuer to “consider the following opportunities to satisfy this balance”:

1. Opportunity # 1—50% Discount Pay this account with a lump sum payment of $117.99 which is a 50% discount off the amount due. This arrangement will settle the account with Jefferson Capital.
2. Opportunity # 2—40% Discount Pay three payments of $47.17 and settle the account for $141.59.
3. Opportunity # 3—Monthly Payments
Jefferson Capital will also accept payments of $19.66 a month over the next twelve months. These payments will apply toward the amount due of $235.98.

(Id.)

The Letter explained that Scheuer could exercise these options by (1) calling the toll-free phone number provided in the Letter, (2) sending a “MONEY GRAM” made “[p]ayable to: Jefferson Capital Systems, LLC,” or (3) sending payment to a specific P.O'. Box address in St. Louis, Missouri. (Id.)

At the bottom of the Letter, in bold capital letters, Jefferson disclosed that “THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT.” (Id.) In additional bold capital letters, Jefferson advised Scheuer to “SEE REVERSE SIDE FOR IMPORTANT INFORMATION REGARDING YOUR RIGHTS UNDER FEDERAL, STATE, AND LOCAL LAWS.” (Id.)

The reverse side of the Letter provided, in relevant part, that “JEFFERSON CAPITAL COMPLIES WITH A FEDERAL LAW CALLED THE [FDCPA] THAT PROVIDES CONSUMERS WITH CERTAIN RIGHTS. THE [FDCPA] ... REQUIRED] THAT ... COLLECTORS MAY NOT USE FALSE OR MISLEADING STATEMENTS....” (Id. at 4, Pg. ID 176.) The reverse side of the Letter also informed Scheuer that “[b]ecause of [775]*775the age of your debt, we will not bring any kind of legal proceeding against you ... to collect on the debt.” (Id.) The reverse side further assured Scheuer that if she made a partial payment toward the debt, Jefferson would not deem that payment to re-start the already-expired statute of limitations on an action to collect the debt. (Id.)1

Jefferson included with the Letter a remittance insert for Scheuer to return along with any payment she made by mail. (See id. at 3, Pg. ID 175.) The remittance insert was addressed to “Jefferson Capital Systems, LLC” at the St. Louis post office box identified in the text of the Letter. (See id.) The insert contained payment instructions. It directed Scheuer to “include your JCS Reference Number ... on the check or money order payable to: Jefferson Capital.” (Id. at 3, Pg. ID 175.)

[776]*776 SCHEUER’S CLAIMS AND THE PROCEDURAL HISTORY OF THIS ACTION

Scheuer filed her Amended Complaint in this action on March 24, 2014. {See Amended Complaint, ECF # 13.) She alleges—on behalf of a purported class of consumers who received communications like the Letter from Jefferson—that the Letter contained certain false, misleading, and deceptive statements. The' short “Factual Allegations” section of Scheuer’s Amended Complaint, in its entirety, provides as follows:

26.

On or about March 7, 2014, 2014, Defendant JCS sent a letter to Plaintiff specifically and Michigan Consumers Please see Exhibit 1. The letter provided Ms. [Scheuer] notice of her dispute and validation rights under the FDCPA with a notice that stated:

“THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.”

27.

This is the only letter that Ms. Scheuer has received from JCS. Please see Exhibit 2, Affidavit of Ms. Scheuer.

28.

JCS is writing to “Dear Donna [Scheuer]” and states in the first line of its letter that:

“The above referenced account is with our office for collection and servicing.”

29.

The “Jefferson” letter identifies [sic] JEFFERSON CAPITAL SYSTEMS LLC as ‘Your Current Creditor.”

30.

The letter did not provide Ms. [Scheuer] notice of her dispute and validation rights under the FDCPA but stated:

THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

31.

As part of its business purchasing debt portfolios, the subject debt has been purchased by JCS as a junk, charged off debt in default and JCS is therefore a debt collector at the time it purchased the debt and now.

32.

Defendant JCS is communicating to the Plaintiff specifically and the Michigan Consumer Class generally that it is both the debt collector and the creditor. However, a debt collector cannot be both a ‘creditor’ and a ‘debt collector,’ as defined in the FDCPA, because those terms are mutually exclusive.” Bridge v. Ocwen Federal Bank, FSB, 681 F.3d 355—Court of Appeals, 6th Circuit 2012. (“Congress has unambiguously directed our focus to the time the debt was acquired in determining whether one is acting as a creditor or debt collector under the FDCPA.”); Schlosser v. Fairbanks Capital Corp., 323 F.3d 534, 536 (7th Cir.2003) (noting that “the Act treats assignees as debt collectors if the debt sought to be collected was in default when acquired by the assignee, and as creditors if it was not ”).

33.

It is a violation of the FDCPA and MCPA for Defendant to represent itself to Plaintiff and the Class as both the [777]*777collector and the creditor when it obtains a debt that was acquired in default.

(Id.

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Bluebook (online)
43 F. Supp. 3d 772, 2014 U.S. Dist. LEXIS 183522, 2014 WL 4435874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scheuer-v-jefferson-capital-systems-llc-mied-2014.