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Zazueta v. Medical Data Systems, Inc.

United States District Court, E.D. Missouri, Eastern Division

July 2, 2018

BRYNDI ZAZUETA Plaintiff,
v.
MEDICAL DATA SYSTEMS, INC. Defendant.

          MEMORANDUM AND ORDER

          STEPHEN N. LIMBAUGH, JR., UNITED STATES DISTRICT JUDGE.

         Plaintiff alleges defendant Medical Data Systems, Inc. (“Debt Collector”) violated the Fair Debt Collections Practices Act (“Act”) when she called Debt Collector to inquire about a debt she allegedly owes. Plaintiff moved for partial summary judgment. (#10.) Because Debt Collector never demanded during the phone call that plaintiff pay the debt, plaintiff's motion is denied.

         I. Factual Background

         On August 18, 2017, plaintiff received a collection letter from Debt Collector. The letter notified plaintiff that she had thirty days to dispute the validity of the debt or request verification of it; otherwise, Debt Collector would assume the debt was valid. (#10-3.) Ten days later, plaintiff called Debt Collector and had the following exchange with one of Debt Collector's representatives:

Representative: [Inaudible] Service. This is [states name]. How can I help you?
Plaintiff: Hi. I just got-
Representative: Hi.
Plaintiff:-a letter in the mail, um, with the account number [states number].
Representative: [Repeats number]?
Plaintiff: [Finishes stating account number].
Representative: Okay. And it's for Bryndi Zazueta?
Plaintiff: Um, I see that it's-that it's supposed to be for my child-
Representative: For [states child's name]? Or [repeats similarly spelled name]?
Plaintiff: [States child's name]. But I don't think this is correct because we were insured for the visit and the remaining balance should be zero.
Representative: Absolutely, I just need to verify the address [states address].
Plaintiff: Uh, we have moved since then.
Representative: Okay. Date of birth [states date of ...

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