The opinion of the court was delivered by: William M. Skretny Chief Judge United States District Court
In this debt collection practices action brought under 15 U.S.C. § 1692k(d), Plaintiffs John and Candy Basile allege that Defendant's communications with Plaintiffs violated 15 U.S.C. §§ 1692d, 1692e, and 1692f of the Federal Debt Collection Practices Act ("FDCPA"). Presently before this Court is Defendant's Motion for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons discussed below, Defendant's motion is denied.*fn1
Plaintiffs John and Candy Basile are husband and wife residing in the city of Niagara Falls, County of Niagara, New York. (Complaint ("Comp."), Docket No. 1, ¶¶ 4-5.) Defendant I.C. System, Inc. is a corporation organized under the laws of Minnesota engaged in the business of debt collection. (Id. at ¶ 6.)
This case originates with a debt Plaintiff Candy Basile ("Mrs. Basile") incurred as a result of an unpaid medical bill to Dr. Edward Simmons.*fn2 (Id. at ¶ 10.) Upon Mrs. Basile's refusal to pay said medical bill, Dr. Simmons employed Defendant to collect the disputed debt. (Id. at ¶ 15.) Defendant began telephoning Mrs. Basile in 2005, and continued calling her through December 2007. (Id. at ¶ 16.)*fn3
Plaintiffs allege that Defendant violated the FDCPA by calling Plaintiffs derogatory names; by falsely representing that Defendant intended to send the sheriff to Plaintiffs' home to serve a summons; by falsely representing that Dr. Simmons intended to bring suit against Mrs. Basile; by falsely representing that Defendant would garnish Plaintiff's wages; and by falsely representing that Dr. Simmons had given Defendant authorization to commence a lawsuit. (Id. at ¶ 24.) These violations occurred over the course of three particular phone conversations, all allegedly taking place in either April or May of 2007.
During the first of these calls, Defendant allegedly called Mrs. Basile "stupid" and threatened to garnish her wages. (Id. at ¶ 17.) When Mrs. Basile tried explaining the reason the debt had not been repaid, Defendant told her to "shut up." Emotionally upset, Mrs. Basile handed the telephone to her husband, Plaintiff John Basile ("Mr. Basile"), whom Defendant promptly called a "jerk."
The second call occurred the same month and Defendant, once again, allegedly threatened to garnish Mrs. Basile's wages. (Id. at ¶ 18.) The third call took place in April or May 2007. Mrs. Basile received the call, but upon learning that it was Defendant, handed the telephone to her husband, Mr. Basile. Defendant informed Mr. Basile that it was sending the sheriff to their home with a summons. (Id. at ¶ 19.)
As a consequence of these, and other phone calls, Mr. and Mrs. Basile became nervous, upset, and suffered emotional distress. (Id. at ¶¶ 21-22.)
Plaintiffs commenced this action on January 17, 2008, pursuant to 15 U.S.C. § 1692k(d), alleging that Defendant violated §§ 1692d, 1692e, and 1692f of the FDCPA. Defendant filed the ...