United States District Court, D. New Jersey
CHANA GOTTESMAN, individually and on behalf of all others similarly situated Plaintiffs,
VIRTUOSO SOURING GROUP, LLC JOHN DOES 1-25 Defendants.
FREDA L. WOLFSON U.S. CHIEF DISTRICT JUDGE.
putative class action arises out of Plaintiff Chana
Gottesman's ("Plaintiff") claim that Virtuoso
Sourcing Group, LLC ("Defendant" or
"VSG"), and John Does 1-25, violated the Fair Debt
Collection Practices Act ("FDCPA"), 15 U.S.C.
§1692 et seq., by sending a false or misleading
debt collection letter that failed to effectively inform
Plaintiff what she must do in order to dispute the alleged
debt. In the present matter, Defendant moves to dismiss
Plaintiff's FDCPA claims pursuant to Fed.R.Civ.P.
12(b)(6). For the reasons set forth below, Defendant's
motion to dismiss is GRANTED.
purposes of this motion, the facts alleged by Plaintiff in
her Complaint ("Compl.") are taken as true.
Plaintiff filed a putative class action suit on December 3,
2018, against Defendant. Plaintiff is a resident of Toms
River, New Jersey. Compl., ¶ 7. Defendant is a debt
collection agency operating in Glendale, Colorado.
Id. at ¶ 8. On August 9, 2018, Defendant sent
to Plaintiff a one-page collection letter
(“Letter”) regarding a debt owed to ADT Security
in the amount of $1, 095.70. See Compl., Exh. A.,
Letter dated August 9, 2018. The Letter reads as follows:
Virtuoso Sourcing Group Please Mail All Correspondence To:
4500 Cherry Creek South Drive, Suite 500 Glendale, Colorado
80246 Office Hours (MST): Monday - Friday 8:00AM-5:00PM
08/09/2018 Creditor: ADT Security Principal Balance: $275.11
Client Ref #: *****580 Your Account No. ****998 Dear Chana
Gottesman, This account has been assigned to our collection
agency for payment. You can make payment of this bill anytime
you would like by calling our office to pay with a check or
credit card, or by mailing your payment to the above address.
We may report information about this account to a national
credit bureau after thirty days (30) of your receipt of this
notice unless the bill is otherwise resolved. If you are
unable to pay the balance in full and would like to discuss
payment arrangements please contact us.
Please read the below for important information regarding
You are hereby advised: Unless you, the consumer, notify this
collection agency within thirty days (30) after receipt of
this notice that you dispute the validity of the debt or any
portion thereof, the debt will be assumed to be valid by this
collection agency. If you, the consumer, notify this
collection agency in writing within thirty days after receipt
of this notice, that the debt or any portion thereof is
disputed, this collection agency will obtain verification of
the debt or a copy of a judgment against you and a copy of
such verification or judgment will be mailed to you by this
collection agency. Upon your written request within thirty
days (30) after receipt of this notice, this collection
agency 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 and any information
obtained will be used for that purpose. This communication is
from a debt collector.
Here are several options for how you can contact VSG to pay
or otherwise resolve your bill with ADT Security.
Please visit our YouTube Channel - Virtuoso Sourcing Group By
phone: 888-982-6758 On-line: www.payvsg.com Email:
email@example.com Text: 406-206-1009 Id.
on this communication, Plaintiff alleges that VSG violated 1)
15 U.S.C. § 1692e by making a false and misleading
representation in connection with the collection of the debt,
such that the Letter is open to more than one reasonable
interpretation, at least one of which is inaccurate; and 2)
that VSG violated 15 U.S.C. § 1692g, by falsely
misstating the consumer's rights by omitting the
requirement that the consumer must request validation and
make any dispute of the debt in writing. Plaintiff alleges
that the Letter does not meet the required guidelines of the
FDCPA, because in its validation notice, the first sentence
leaves out the requirement that a consumer must dispute in
writing, and the second sentence begins: "If you, the
consumer, notify this collection agency in writing...,"
implying that the writing requirement is voluntary. When
coupled with the failure of the first sentence to contain any
mention of the word "writing," Plaintiff alleges