Abramov v. IC System, Inc. et al
||IC System, Inc. and John Does
||June 26, 2014
||US District Court for the Eastern District of New York
||Central Islip Office
||Arlene R. Lindsay
||Arthur D. Spatt
|Nature of Suit:
|Cause of Action:
||15 U.S.C. § 1692 Fair Debt Collection Act
|Jury Demanded By:
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|October 14, 2014
DECISION AND ORDER granting in part and denying in part 7 Motion to Dismiss for Failure to State a Claim - Based on the foregoing reasons, the Court grants in part and denies in part I.C. Systems motion to dismiss pursuant to Fed. R. Civ. P. 12 (b)(6). In particular, the Court rejects the Plaintiffs argument that the Defendants Rule 68 Offer of Settlement mooted the motion to dismiss. As to the merits of the Plaintiffs claims under § 1692e and 1692g of the FDCPA, the Court finds the Pl aintiff may advance the theory that the second cited paragraph of the Letter overshadowed or contradicted the first sentence of the first cited paragraph or was misleading with respect to that sentence on the basis that the language in writing in th at paragraph leaves the consumer debtor unsure as to whether disputing a debt requires oral or written communication. However, the Court finds that, as a matter of law, the Plaintiff may not proceed on the theory that the second cited paragraph of th e Letter overshadowed or contradicted the first cited paragraph or was misleading with respect to that paragraph on the basis that the directive to call the creditor in the event of suspected identity theft leaves the consumer debtor unsure as to whe ther disputing a debt requires contacting the debt collector or creditor. Finally, the Court finds that, as to the surviving theory, the Plaintiff has adequately plead materiality. So Ordered by Judge Arthur D. Spatt on 10/14/2014. (Coleman, Laurie)
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