The opinion of the court was delivered by: PADOVA
Plaintiff, Nancy Sarver, brings an action against Defendant, Capital Recovery Associates, doing business as CRA Security Systems ("CRA"), for violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C.A. §§ 1692-1692(o) (West 1982 & Supp. 1996), and for violations of state regulations promulgated under the Pennsylvania Unfair Trade Practices and Consumer Protection Law ("UTPCPL"), 73 Pa. Cons. Stat. Ann. § 201-3.1 (West 1993).
Before the Court is CRA's Motion to Dismiss for failure to state a claim upon which relief can be granted. For the reasons that follow, CRA's Motion is granted.
During the months of May and June 1996, Plaintiff received approximately eight letters from CRA seeking to collect debts that Plaintiff allegedly owed to the Rite Aid Corporation ("Rite Aid"), a non-party to this action. Over the same period of time, Plaintiff also received numerous phone calls from CRA employees admonishing Plaintiff to pay the monies owed. Plaintiff had apparently accumulated these debts on the basis of checks, which later "bounced," tendered to Rite Aid.
Plaintiff contends that during numerous phone conversations with CRA personnel, as well as in the letters she received from CRA dated May 24, June 10 and June 13, she was threatened unreasonably with legal action. In addition, all three letters, it is alleged, demanded payment of a "return check fee," in the absence of any legal basis for such a fee, in the amount of $ 25.00. Further, the letters dated June 10 and June 13 apparently indicated, unlawfully, that "partial payments will not be accepted." As a result of the foregoing, Plaintiff contends that she has been subjected to emotional distress.
CRA has filed a Motion to Dismiss for failure to state a claim upon which relief can be granted.
A claim may be dismissed under Fed. R. Civ. P. 12(b)(6) only if the plaintiff can prove no set of facts in support of the claim that would entitle her to relief. ALA, Inc. v. CCAIR, Inc., 29 F.3d 855, 859 (3d Cir. 1994). The reviewing court must consider only those facts alleged in the complaint and accept all of the allegations as true. Id. ; see also Rocks v. Philadelphia, 868 F.2d 644, 645 (3d Cir. 1989) (holding that in deciding a motion to dismiss for failure to state a claim, the court must "accept as true all allegations in the complaint and all reasonable inferences that can be drawn therefrom, and view them in the light most favorable to the nonmoving party").
The FDCPA provides a remedy for consumers subjected to abusive, deceptive, and unfair debt collection practices by debt collectors. The case controlling resolution of the matter sub judice is Zimmerman v. HBO Affiliate Group, 834 F.2d 1163 (3d Cir. 1987). If the financial transaction at issue in this suit, Plaintiff's dishonored check, does not as a threshold matter constitute a "debt" under the FDCPA, then Plaintiff has no cognizable federal claim. Id. at 1167 (stating "[a] ...