Shorts-Watson v. Schlee & Stillman, LLC

24 F. Supp. 3d 386, 2013 WL 7925165
CourtDistrict Court, D. Delaware
DecidedMarch 12, 2013
DocketCiv. No. 12-1713-SLR
StatusPublished

This text of 24 F. Supp. 3d 386 (Shorts-Watson v. Schlee & Stillman, LLC) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shorts-Watson v. Schlee & Stillman, LLC, 24 F. Supp. 3d 386, 2013 WL 7925165 (D. Del. 2013).

Opinion

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge

I. INTRODUCTION

On December 17, 2012, Renee Shorts-Watson, a pro se plaintiff, filed suit against Schlee & Stillman, LLC and Andrew Whitehead, Esq. (“defendants”), alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 (“FDCPA”), and Delaware’s Deceptive Trade Practices Act, 6 Del. C. § 2532 (“DTPA”). (D.I. 3) Presently before the court is defendants’ motion for summary judgment.1 (D.I. 8) [388]*388Plaintiff has filed opposition to the motion.2 (D.I. 10) For the reasons that follow, defendants’ motion will be granted.

II. BACKGROUND3

On February 13, 2012, defendant Schlee & Stillman, LLC (“S & S”), attorneys for Discover Bank, notified plaintiff that her account was referred for collection and that the debt would be assumed to be valid unless plaintiff disputed all or any part of the debt, within thirty days after receipt of the letter. (D.I. 8 at ex. B) Plaintiff did not respond to this letter.

On July 2, 2012, S & S instituted a collection action against plaintiff in Justice of the Peace Court No. 9. (Id. at ex. A) On July 24, 2012, plaintiff sent S & S a “Notice of Dispute,” wherein she disputed the debt, requested verification of the debt and information about the original lender, and sought validation of the charges and payment history. (Id. at ex. C) On August 9, 2012, S & S responded to plaintiffs validation request by sending monthly account statements from July 2008 until February 2012. (Id. at ex. D)

On September 13, 2012, plaintiff and defendant Andrew Whitehead, attorney for Discover Bank, appeared for trial in the Justice of the Peace Court. Plaintiff requested validation of the debt, specifically seeking the credit application and all account statements. As a result, the trial was postponed until December 20, 2012. On September 18, 2013, S & S sent plaintiff a second validation. (Id. at ex. E)

On December 20, 2012, the Justice of Peace Court conducted a bench trial on the allegations. (Id. at ex. F) After hearing testimony from the parties, the court awarded judgment in favor of Discover Bank and against plaintiff, in the amount of $1,977.91 plus court costs and post judgment interest. (Id.)

On December 17, 2012, plaintiff commenced this action.

III. STANDARD OF REVIEW

The court shall grant summary judgment 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). The moving party bears the burden of demonstrating the absence of a genuine issue of material fact. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 n. 10, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). “Facts that could alter the outcome are ‘material,’ and disputes are ‘genuine’ if evidence exists from which a rational person could conclude that the position of the person with the burden of proof on the disputed issue is correct.” Horowitz v. Federal Kemper Life Assurance Co., 57 F.3d 300, 302 n. 1 (3d Cir.1995) (citations omitted). In determining whether a genuine issue of material fact exists, “the court must draw all reasonable inferences in favor of the non-moving party, and it may not make credibility determinations or weigh the evidence.” Reeves v. Sanderson Plumbing Prods., 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000) (citing Lytle v. Household Mfg., Inc., 494 U.S. 545, 554-55, 110 S.Ct. 1331, 108 L.Ed.2d 504 (1990)).

If the moving party has demonstrated an absence of material fact, the nonmoving [389]*389party then “must come forward with ‘specific facts showing that there is a genuine issue for trial.’ ” Matsushita, 475 U.S. at 587, 106 S.Ct. 1348 (quoting Fed.R.Civ.P. 56(e)). The court will “view the underlying facts and all reasonable inferences therefrom in the light most favorable to the party opposing the motion.” Pennsylvania Coal Ass’n v. Babbitt, 63 F.3d 231, 236 (3d Cir.1995). The mere existence of some evidence in support of the nonmoving party, however, will not be sufficient for denial of a motion for summary judgment; there must be enough evidence to enable a jury reasonably to find for the nonmoving party on that issue. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). If the nonmoving party fails to make a sufficient showing on an essential element of its case with respect to which it has the burden of proof, the moving party is entitled to judgment as a matter of law. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

The FDCPA was enacted “to eliminate abusive debt collection practices which contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.” Wilson v. Quadramed Corp., 225 F.3d 350, 354 (3d Cir.2000) (citations and internal quotations omitted). As Congress has explained, “the purpose of the Act was not only to eliminate abusive debt collection practices, but also to ‘insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged.’ ” Lesher v. Law Offices of Mitchell N. Kay, PC, 650 F.3d 993, 996 (3d Cir.2011) (citing 15 U.S.C. § 1692(e)). In light of the inadequacy of the existing consumer protection laws at the time, Congress elected to give consumers a private right of action against debt collectors who fail to comply with the FDCPA’s requirements. Lesher, 650 F.3d at 996-97.

The’ statute is remedial and must be construed broadly to give effect to its purpose. Rosenau v. Unifund Corp., 539 F.3d 218, 221 (3d Cir.2008). The court analyzes alleged violations of the FDCPA under the “least sophisticated debtor” standard. Brown v. Card Service Center,

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Related

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Lytle v. Household Manufacturing, Inc.
494 U.S. 545 (Supreme Court, 1990)
Lesher v. Law Offices of Mitchell N. Kay, PC
650 F.3d 993 (Third Circuit, 2011)
Reeves v. Sanderson Plumbing Products, Inc.
530 U.S. 133 (Supreme Court, 2000)
Rosenau v. Unifund Corp.
539 F.3d 218 (Third Circuit, 2008)
Brown v. Card Service Center
464 F.3d 450 (Third Circuit, 2006)

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Bluebook (online)
24 F. Supp. 3d 386, 2013 WL 7925165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shorts-watson-v-schlee-stillman-llc-ded-2013.