United States District Court, E.D. Pennsylvania
VERONICA CONNOR, individually and on behalf of all others similarly situated
UNIFUND CCR, LLC
MEMORANDUM RE: MOTION TO DISMISS
putative class action involves alleged violations of the Fair
Debt Collections Practices Act (“FDCPA”), 15
U.S.C. §§ 1692e and 1692g, by Defendant Unifund
CCR, LLC in sending a debt collection letter containing
misleading and deceptive language to Plaintiff Veronica
Connor and members of the putative class. Unifund now moves
to dismiss both claims pursuant to Federal Rule of Civil
Procedure 12(b)(6). (ECF 3).
reasons stated below, the Motion to Dismiss is DENIED.
and Procedural History
Connor's allegations as true from her Class Action
Complaint (ECF 1, “Compl.” or
“Complaint”), the facts are as follows. On
January 21, 2019, Connor received a letter (ECF 1 at Ex. A,
the “Letter”) from debt collector Unifund
attempting to collect a debt allegedly owed to Comenity
Capital Bank. (Compl. at ¶¶ 12-18). The Letter
stated in relevant part:
You may contact this office to address this matter by calling
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 after
receiving this notice that you dispute the debt, or any
portion thereof, this office will obtain verification of the
debt…. 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 current creditor.
(Ex. A; Compl. at ¶¶ 21-22).
alleges that she was harmed as a result of receiving the
Letter because Unifund did not clearly advise her that she
must dispute any alleged debt in writing, as required by the
FDCPA. (Id. ¶¶ 23-25, 32-33). Connor
further alleges that Unifund's actions “are part of
a pattern and practice used to collect consumer debts.”
(Id. ¶ 34). She thus asserts the following
counts on behalf of herself and all other similarly situated
Count I: Violation of FDCPA § 1692e (prohibiting false
and misleading statements).
Count II: Violation of FDCPA § 1692g (governing proper
Complaint seeks damages and declaratory and injunctive
relief. (Id. ¶ 6).
moved to dismiss the Complaint in its entirety on May 1,
2019. (ECF 3, “Mot.” or “Motion”;
see also ECF 3-1, “Def.'s Br.”).
Connor responded in opposition on May 15, 2019. (ECF 4,
“Pl.'s Resp.”). ...