Weber v. Computer Credit, Inc.

259 F.R.D. 33, 2009 U.S. Dist. LEXIS 57632, 2009 WL 1883046
CourtDistrict Court, E.D. New York
DecidedJune 30, 2009
DocketNo. 09-CV-187 (JBW)
StatusPublished
Cited by15 cases

This text of 259 F.R.D. 33 (Weber v. Computer Credit, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Weber v. Computer Credit, Inc., 259 F.R.D. 33, 2009 U.S. Dist. LEXIS 57632, 2009 WL 1883046 (E.D.N.Y. 2009).

Opinion

[35]*35MEMORANDUM, ORDER & JUDGMENT

JACK B. WEINSTEIN, Senior District Judge:

Contents

I. Introduction................................................................35

II. Facts......................................................................35

III. Contentions of Parties.......................................................36

IV. Law.......................................................................36

A. Motion to Dismiss Standard..............................................36

B. Fair Debt Collection Practices Act.........................................37

1. Validation Notice....................................................37

2. Follow-up Communications from Debt Collector.........................38

V. Application of Law to Facts ..................................................39

A. Adequacy of Letter of August 25, 2008 .....................................39
B. No Overshadowing or Contradiction in Letter of September 8, 2008............40
C. Claim of Deceptive Practices..............................................41
VI. Conclusion.................................................................41

Appendix A.............................. ......................................42

Appendix B.............................. ......................................44

I. Introduction

Plaintiff Samuel Weber filed a complaint on behalf of a class and subclass of similarly situated individuals against Computer Credit, Inc. (“CCI”), claiming violations of the Fan-Debt Collection Practices Act, 15 U.S.C. § 1692 (“FDCPA”) by an attempt to collect a modest uncontested charge by a local hospital.

Defendant has moved to dismiss the complaint. The ease illustrates abuse of creditors through the misuse of a statute designed to protect debtors from abuse by creditors. The motion is granted for the reasons stated below.

II. Facts

Defendant CCI is a debt collection company licensed by the New York City Department of Consumer Affairs. CCI contracted with Maimonides Medical Center to collect the debts of medical patients. Plaintiffs account, carrying an outstanding balance of $160.34, was referred to CCI for collection by Maimonides.

The factual basis for the claim is contained in two letters sent from CCI to plaintiff, dated August 25, 2008, and September 8, 2008, notifying plaintiff that his account was in default and seeking payment. The initial communication of August 25, 2008 is attached as Appendix A. It reads in relevant part:

Your overdue balance with Maimonides Medical Center has been referred to Computer Credit, Inc____for collection. Our records indicate that this debt is your responsibility. This letter will serve to inform you that your account remains unpaid and we expect resolution of your obligation to the hospital....
This communication is an attempt to collect a debt and any information obtained will be used for that purpose. Unless you notify our office that you dispute the validity of this debt within 30 days of receiving this letter, we will assume that the debt is valid and expect it to be paid.
Pay the amount due to prevent further collection activity by Computer Credit, Inc. We appreciate your attention to this matter.

Def. Mot. Dismiss at Ex. B (emphasis added).

[36]*36Above this text on the front side of the one-page letter, the following statement is provided just below the box indicating the payment amount due: “PLEASE SEE IMPORTANT NOTICE ON BACK.” The reverse side of the letter, in print slightly larger than that on the front side, contains a section titled “FEDERAL NOTICE TO ALL CONSUMERS.” It provides:

CCI will assume this debt to be valid unless you dispute the validity of the debt, or any portion thereof, within thirty days after receipt of this notice. If you notify CCI, in writing, within this thirty-day period that the debt, or any portion thereof, is disputed, we will obtain verification of the debt or a copy of a judgment, as applicable, and a copy of such verification or judgment will be mailed to you. Upon written request within the thirty-day period, CCI will provide you with the name and address of the original creditor if different from the named creditor.

Id.

The second CCI letter to plaintiff, dated September 8, 2008, fourteen days after the first letter, indicated that the same amount remained due on plaintiffs account. The letter is attached as Appendix B. It reads in relevant part:

You have received previous notification from this office regarding your debt to Maimonides Medical Center. Our records indicate that you still have not paid this debt nor have you made satisfactory arrangements to do so.
Computer Credit, Inc. strongly advises you to make payment in order to resolve your overdue balance of $160.34. We are a debt collector and we expect your cooperation.
This letter is sent to you in an attempt to collect this debt and to serve notice that any information obtained will be used for that purpose.

Id. (emphasis added).

III. Contentions of Parties

Plaintiff argues that CCI’s communications violate sections 1692g and 1692e(10) of title 15 of the United States Code for a number of reasons. He contends: First, the letter of August 25, 2008 presumed the validity of the debt through its statement “Our records indicate that this debt is your responsibility,” which — in conjunction with the failure to provide adequate “transitional language” referring to the validation notice — would cause confusion in the least sophisticated consumer on whether he was permitted to dispute the debt or seek its verification. Am. Compl. ¶¶ 11-13, June 2, 2009, Docket Entry No. 15; see 15 U.S.C. § 1692g(a). Second, the letter of September 8, 2008 “overshadowed” and “contradicted” the required validation notice, employed “implicit threatening language,” and improperly obscured plaintiffs right to dispute the debt or seek verification thereof within thirty days of receipt of the first letter. Am. Compl. ¶¶ 15-26; see 15 U.S.C. § 1692g(a)-(b). Third, the two letters, together, constituted “deceptive practices” in violation of the FDCPA. Am. Compl. ¶ 28; see 15 U.S.C. § 1692e(10).

Defendant moved to dismiss the complaint for “failure to state a claim upon which relief may be granted.” Fed.R.Civ.P.

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Cite This Page — Counsel Stack

Bluebook (online)
259 F.R.D. 33, 2009 U.S. Dist. LEXIS 57632, 2009 WL 1883046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weber-v-computer-credit-inc-nyed-2009.