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Krapf v. Collectors Training Institute of Illinois

February 15, 2010

AMY J. KRAPF, PLAINTIFF,
v.
COLLECTORS TRAINING INSTITUTE OF ILLINOIS, INC., DEFENDANT.



The opinion of the court was delivered by: William M. Skretny Chief Judge United States District Judge

DECISION AND ORDER

I. INTRODUCTION

On April 23, 2009, Plaintiff filed a complaint alleging various violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692, et seq. Presently before this Court is Defendant's Motion to Dismiss Plaintiff's complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted.*fn1 For the following reasons, Defendant's motion is granted in part and denied in part.

II. BACKGROUND

Plaintiff defaulted on a debt she incurred for the purchase of a ring from Littman Jewelers. (Complaint, Docket No. 1, ¶¶ 9, 11.) Littman Jewelers employed Defendant, a debt collector within the meaning of the FDCPA, to collect the debt. (Id. at ¶¶ 5, 6, 12.)

On or about September 17, 2008, an employee of Defendant's left a message on Plaintiff's cellular phone stating that he*fn2 was calling about an investigation "regarding your social," and directed Plaintiff to return the call at a designated number. (Id. at ¶ 13.) The caller did not disclose that he was a debt collector, did not provide Defendant's name, and did not state that the call was an effort to collect a debt. (Id. at ¶ 13.) Defendant left a similar message on Plaintiff's cellular phone three days later, on September 20, 2008. (Id. at ¶ 14.)

On September 27, 2008, Defendant left a message on Plaintiff's cellular phone at 7:47 a.m. EST. (Id. at ¶ 15.) In that message, the caller explained that he had spoken to "Jennifer" from the human resources department at Plaintiff's place of employment and had information pertaining to Plaintiff's social security number. (Id. at ¶ 15.) Again, the caller did not disclose that he was a debt collector, did not provide Defendant's name, and did not state that the call was an attempt to collect a debt.*fn3 (Id. at ¶ 15.)

On September 25, 2008, Defendant called Plaintiff at work. (Id. at ¶ 17.) The caller left a message for Plaintiff stating that he was calling about an investigation on her "social" and that Plaintiff should return his call as soon as possible. (Id. at ¶ 17.)

Defendant placed a similar call to Plaintiff at work on October 1, 2008, leaving the following message: "Amy, at this point there is an investigation against your social." (Id. at ¶ 18.) The caller again directed Plaintiff to return the call regarding this "time sensitive matter." (Id. at ¶ 18.)

After several months, Defendant called Plaintiff again at work in March or April 2009.

(Id. at ¶ 19.) The caller requested to speak to "a manager." (Id. at ¶ 19.) After being connected to a manager's voicemail, the caller left a message stating that he was calling regarding a business matter relating to Plaintiff, and he requested that the manager advise Plaintiff to call Defendant about it. (Id. at ¶ 19.) The person who received this message relayed it to Plaintiff. (Id. at ¶ 19.)

III. DISCUSSION

A. Rule 12(b)(6) Standard

Rule 12(b)(6) allows dismissal of a complaint for "failure to state a claim upon which relief can be granted." FED. R. CIV. P. 12 (b)(6). Federal pleading standards are generally not stringent: Rule 8 requires only a short and plain statement of the claim. FED. R. CIV. P. 8(a)(2). But the plain statement must "possess enough heft to show that the pleader is entitled to ...


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