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Julia Copper v. Global Check & Credit Services

December 28, 2010

JULIA COPPER, PLAINTIFF,
v.
GLOBAL CHECK & CREDIT SERVICES, LLC, DEFENDANT.



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

DECISION AND ORDER

I. INTRODUCTION

On February 22, 2010, Plaintiff filed a complaint alleging various violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692, et seq. Defendant failed to appear and defend this action, which resulted in the Clerk of the Court entering default on May 11, 2010. Presently before this Court is Plaintiff's Motion for Default Judgment pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure.*fn1 For the following reasons, Plaintiff's motion is granted.

II. BACKGROUND

Plaintiff Julia Copper incurred a consumer debt that Defendant Global Check & Credit Services, LLC ("Global"), attempted to collect. (Complaint, Docket No. 1, ¶¶ 3, 5.) Global is a "debt collector" within the meaning of the FDCPA. (Id. at ¶ 5.)

Plaintiff's complaint contains scant factual allegations. Copper asserts that representatives from Global communicated to her daughter more than once that she (Copper) owed a debt and told her daughter that Global representatives would come to Copper's house to make her (Copper) sign an affidavit if she did not pay her debt. (Complaint, ¶¶ 11, 12, 14(b).) Copper also asserts that Global never sent her a debt validation letter. (Complaint, ¶ 13.)

III. DISCUSSION

A. Default Judgment Standard

Before obtaining default judgment, a party must first secure a Clerk's Entry of Default by demonstrating, by affidavit or otherwise, that the opposing party is in default. See FED. R. CIV. P. 55(a). Once default has been entered, the allegations of the complaint that establish the defendant's liability are accepted as true, except for those relating to the amount of damages.Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155, 158 (2d Cir. 1992).

In considering whether to enter default judgment, the court must determine whether the facts alleged in the complaint are sufficient to state a claim for relief as to each cause of action for which the plaintiff seeks default judgment. Further, where the damages sought are not for a sum certain, the court must determine the propriety and amount of the default judgment. See FED. R. CIV. P. 55(b)(2). Damages must be established by proof, unless the damages are liquidated or "susceptible of mathematical computation." Flaks v. Koegel, 504 F.2d 702, 707 (2d Cir. 1974). All reasonable inferences from the evidence presented are drawn in the moving party's favor. See Au Bon Pain Corp. v. Artect, Inc., 653 F.2d 61, 65 (2d Cir. 1981).

B. Liability

Copper asserts that Global's conduct violates several provisions in the FDCPA.

Based on the undisputed facts taken as true, this Court concurs.

Global violated the FDCPA by disclosing Copper's debt to her daughter. Section 1692b limits a debt collector's contact with third parties to acquiring location information. And except as provided in § 1692b, § 1692c (b) limits the individuals a debt collector may contact to the consumer, her attorney, a consumer reporting agency, the creditor, the creditor's attorney, and the debt ...


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