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PANAYIOTIS TSENES v. TRANS-CONTINENTAL CREDIT & CO

July 21, 1995

PANAYIOTIS TSENES, Plaintiff, against TRANS-CONTINENTAL CREDIT AND COLLECTION CORPORATION, Defendant.


The opinion of the court was delivered by: LEONARD D. WEXLER

 WEXLER, District Judge

 Plaintiff Panayiotis Tsenes (the "plaintiff") commenced the above-referenced action, by complaint dated September 30, 1994 (the "Complaint"), against defendant Trans-Continental Credit and Collection Corporation (the "defendant"), alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. ยง 1692 et seq. (the "Act"). Presently before the Court is the defendant's motion, pursuant to Fed.R.Civ.P. 12(b)(6), for an order dismissing the Complaint for failure to state a claim upon which relief could be granted.

 I. THE COMPLAINT

 The Complaint alleges that the plaintiff is a natural person and that the defendant is a corporation which regularly engages in the business of collecting debts.

 The Complaint acknowledges that it is alleged that the plaintiff incurred debts of $ 196 to Mercy Medical Services and $ 430 to Island Medical Imaging for medical services rendered. The Complaint alleges that the debts were referred to the defendant for collection, and that the plaintiff received three letters from the defendant regrading the alleged debts.

 The Complaint alleges that the first two letters (the "initial letters") were received by the plaintiff in the last week of November 1993. *fn1" The initial letters each contained the following notice:

 
THIS PAST DUE STATEMENT REFLECTS A BALANCE DUE THE STATED CREDITOR.
 
THIS ACCOUNT HAS BEEN REFERRED FOR COLLECTION AND WE MUST ASK THAT YOU REMIT THE BALANCE SHOWN IN FULL BY RETURN MAIL WITHIN FIVE DAYS.
 
THE AMOUNT WILL BE ASSUMED TO BE CORRECT UNLESS YOU INFORM US OTHERWISE WITHIN 30 DAYS. IF YOU DISPUTE THIS DEBT IN WRITING, WE WILL SEND YOU VERIFICATION OF THIS OBLIGATION.
 
. . . .
 
TO BE SURE OF PROPER CREDIT AND TO WITHHOLD FURTHER ACTION, RETURN THIS STATEMENT WITH PAYMENT IN FULL . . . .
 
. . . .

 The Complaint alleges that the third letter (the "follow-up letter") was received by the plaintiff in the first week of December 1993. *fn2" ...


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