United States District Court, D. New Jersey
JOEL A. PISANO, District Judge.
Plaintiffs Logan Loreaux and Katelyn Jones (together referred to herein as "Plaintiff") bring this action alleging violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("FDCPA") Defendant ACB Receivables Management Inc. ("Defendant") has moved to dismiss the action pursuant to Federal Rule of Procedure 12(b)(6). The Court decides the matter without oral argument pursuant to Federal Rule of Civil Procedure 78 and Local Civil Rule 78.1. For the reasons below, Defendant's motion is denied.
The following facts are taken from the complaint (and the documents attached to the complaint) and presumed to be true for the purposes of this motion. Logan Loreaux, an infant, received medical care at the Soch Medical Group on July 7, 2013. Amended Complaint at D.I. 4 (hereinafter "Complaint" or "Compl.") at ¶ 15, Ex. C (Health Insurance Claim Form). An amount of $130 was charged to this patient's account for the medical services that were rendered. Id. This obligation was not paid and ultimately became past due. Compl. ¶ 17. The account was subsequently turned over to Defendant for collection. Compl. ¶ 18. On December 13, 2013, Defendant sent correspondence, flagged "Important Collections Notice", to the "Parents of Logan Loreaux" seeking payment on the account. Compl. Ex. A.
The top portion of this correspondence is a payment coupon to be detached and submitted with the requested payment. In addition to the relevant addresses, this payment coupon contains three boxes. The first box contains an account number. The second box contains highlighted bold text that states, "Amount Due: 191.57." The third box contains the following in bold text, "Amount Enclosed:___________".
Below this payment coupon is the body of the correspondence. It explains that the account "has been referred to [Defendant] for collections procedures." Id. It further provides as follows:
Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.
This is an attempt to collect a debt. Any information obtained will be used for that purpose. This communication is from a debt collector.
Contact MISS SKY at 112 to resolve this account.
Compl. Ex. A. This text is followed by an account number, a PIN number and, appearing for the second time in the correspondence, in bold uppercase letters, "AMOUNT DUE 191.57."
Finally, below all of this is a short table containing 4 columns, and two rows. The first column in the table identifies the "Creditor" as "Soch Medical Group PC". The next identifies the relevant "Account Number." The heading for the third column is "Regarding, " and below that states "Logan Loreaux." Finally, the last column in the table is headed "Amt Owed", under which it states, "130.00".
In February 2014 Plaintiff filed her complaint in this matter that Defendant has violated multiple provisions of the FDCPA. D.I. 1. In March, Plaintiff filed an amended complaint. D.I. 4.
A. Legal ...