United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
C. Hamilton UNITED STATES DISTRICT JUDGE.
matter is before the Court on Defendant Medicredit,
Inc.'s (“Medicredit”) Motion for Summary
Judgment. (ECF No. 59.) Also pending before the Court is
Medicredit's Motion to Strike Expert Testimony. (ECF No.
74.) The Motions have been fully briefed and are ready for
following facts are essentially undisputed. Tilatitsky
incurred a debt of $842 in connection with medical services
he received at Cartersville Medical Center on January 6,
2015. Tilatitsky never made any payment on the debt's
balance, and the debt was transferred to Medicredit for
collection. Medicredit sent Tilatitsky a collection letter,
dated May 12, 2015 (hereinafter, the “Collection
Letter”), which reads in pertinent part as follows:
This is to inform you that Cartersville Medical Center has
placed your account with this agency with the full intention
of collecting this account. Please give this past due account
the attention it deserves.
1. Remit payment in full to this office or, 2. Contact this
office by telephone to arrange resolution of the account.
3. For phone payments, express mail, or MoneyGram
information, call between 8:00am and 8:00pm Monday to
Thursday, 8:00am to 5:00pm Friday, and 9:00am to 1:00pm
Saturday. All times are Central Time Zone.
Please call to make a payment by check or credit card by
(Def. Ex. B.) Directly below and in the same font as the
paragraph which contains the “please either”
options, the Collection Letter provides the following
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 that you dispute the validity of this
debt or any portion thereof, 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
Id. (emphasis original). Following receipt of the
Collection Letter, Tilatitsky filed for bankruptcy. He did
not contact Medicredit at any point.
25, 2015, Tilatitsky filed this action against Medicredit in
the District of Colorado, asserting claims under the Fair
Debt Collection Practices Act, 15 U.S.C. § 1692
et seq., (“FDCPA”). In June
2016, the matter was transferred to this Court. In his
Complaint, Tilatitsky alleges that the “please
either” options for payment set forth in the Collection
Letter overshadow the validation notice, in violation of
section 1692g of the FDCPA, and therefore constitute a false,
deceptive and misleading representation, in violation of
section 1692e of the FDCPA.
mentioned above, Medicredit now moves for summary judgment.
(ECF No. 59.) Medicredit also moves to exclude the testimony
of Tilatitsky's expert Dr. Alan M. Perlman, arguing that
Dr. Perlman was never disclosed as an expert prior to
Tilatitsky's inclusion of Dr. Perlman's Affidavit in