United States District Court, E.D. Missouri, Eastern Division
GERALD A. ROBIN, JR., Plaintiff,
MILLER AND STEENO, P.C., Defendant.
MEMORANDUM AND ORDER
STEPHEN N. LIMBAUGH Jr., District Judge.
This matter is before the Court on plaintiff's motion for partial summary judgment. The motion has been fully briefed and is ripe for disposition. For the following reasons, the Court will grant the motion for partial summary judgment.
I. Facts and Background
Plaintiff Gerald A. Robin, Jr. ("plaintiff" or "Robin") contends defendant Miller and Steeno, P.C. ("defendant") violated § 1692c(a)(2) of the Fair Debt Collection Practices Act ("FDCPA") by continuing to communicate with plaintiff despite being informed, by means of a telephone conversation initiated by plaintiff to defendant, that plaintiff was presently represented by a bankruptcy attorney with respect to the debt at issue. Plaintiff filed this motion for partial summary judgment as to liability on that claim. Plaintiff reserves his right to have other claims pled in his complaint and damages determined at trial.
Plaintiff is an individual consumer and the services that give rise to the alleged debt relate to a consumer credit card. Defendant is a debt collector and regularly attempts to collect debts alleged to be due another using the mail and telephone. On November 21, 2013, plaintiff called defendant in response to a telephone call that he had received from defendant. Plaintiff spoke with Frenchaire Andrews ("Andrews"), an employee of defendant working in the collections department. A partial transcript of the November 21, 2013 telephone call follows:
ROBIN: Okay. Well right now ma'am I'm gonna... I've got me a bankruptcy lawyer. If you'd like that information I can give that to you.
ANDREWS: All right. Who's your attorney?
ROBIN: My attorney's Scott Brinkman.
ROBIN: Yes ma'am. And, he's at 1 North Taylor Avenue, St. Louis, Missouri.
ANDREWS: All right.
ROBIN: His number's XXX-XXX-XXXX.
ANDREWS: And do you have a case number?
ROBIN: Umm, not at this time. ...