United States District Court, E.D. Missouri, Eastern Division
Jeffrey Hanford, on behalf of himself and others similarly situated, Plaintiff,
FRANKLIN COLLECTION SERVICE, INC., Defendant.
MEMORANDUM AND ORDER
STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE.
hoping to represent a class of all Missourians who received
the same letter, alleges defendant Franklin Collection
Service, Inc. (“Debt Collector”), violated the
Fair Debt Collections Practices Act (“Act”) when
it mailed him a collection letter (“the Letter”).
Debt Collector moved to dismiss, or in the alternative, for
judgment on the pleadings (#20). Plaintiff opposed the motion
and moved for partial judgment on the pleadings (#25). The
issues are ripe, and Debt Collector's motion will be
July 2016, Debt Collector mailed the Letter to plaintiff,
presumably trying to collect a debt that plaintiff allegedly
owes AT&T. This case is about the Letter's content
only. The Letter is one page, double sided. In relevant part,
the front side reads as follows:
YOUR ACCOUNT HAS BEEN PLACED FOR DELINQUENT DEBT COLLECTION.
IF YOU ARE NOT PAYING THIS ACCOUNT IN FULL, CONTACT YOUR
ATTORNEY REGARDING OUR POTENTIAL REMEDIES, AND YOUR POTENTIAL
DEFENSES, OR CALL (888) 215-8961.
I INTEND TO REPORT THIS ACCOUNT ON YOUR CREDIT HISTORY AFTER
30 DAYS OF YOU RECEIVING THIS NOTICE.
. . .
THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN
ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
. . .
SEE REVERSE SIDE FOR IMPORTANT INFORMATION** (#16-1 at 2.)
The reverse side, near the middle of the page, reads as
UNLESS YOU NOTIFY U.S. WITHIN THIRTY (30) DAYS AFTER
RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THE
DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME THIS
DEBT IS VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN
THIRTY (30) DAYS FROM RECEIVING THIS NOTICE THAT THE DEBT, OR
ANY PART THEREOF, IS DISPUTED 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 THIRTY (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.
at 3.) The text is all black, and it is all the same size.
alleges Debt Collector violated 15 U.S.C. § 1692g(b), 15
U.S.C. § 1692e, and RsMo. § 407.025.1 by mailing