The opinion of the court was delivered by: Glasser, United States Senior District Judge
In this putative class action to recover damages for violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. ("FDCPA"), Joan Wright ("Wright" or "Plaintiff") brings this action on behalf of herself and members of a class of consumers who have received debt collection letters from Powers, Rogers, & Speaks ("Powers" or "Defendant"). She alleges that these letters contain false threats and deceptive representations in violation of 15 U.S.C. § 1692e(5) and § 1692e(10) of the FDCPA. Defendant moved for summary judgment on the basis that the letters do not, as a matter of law, violate the statute. Plaintiff cross-moved for summary judgment.
For the following reasons, defendant's motion is granted and plaintiff's motion is denied.
Defendant sent two collection letters to the Plaintiff in an attempt to collect debt of $1623.68 owed to Cross Country Bank.
The first letter, dated April 1, 2004, identifies the creditor, account number, subject of the debt, and amount owed in its header, and reads as follows:
You have failed to satisfactorily respond to our initial communications. Ignoring this bad debt will not make it go away. This attitude serves no good cause, you must look closely at the gravity of your intentions.
Similarly, we are being forced to seriously consider our options in this matter. I strongly suggest that you consider your position and pay this account today or contact our office immediately to forestall any further collection efforts from occurring.
We have enclosed a return envelope for your payment. Please include your FILE #[XXXXXX] on your check or money order.
Sincerely, Powell, Rogers & Speaks This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose. This communication is from a debt collection agency.
The body of the second letter, dated April 29, 2004, with the same heading and footer, reads as follows:
You have failedto pay [the] above referenced matter. You may have also failed to contact this office. You have left us no ...