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Kristin Orr, An Individual v. Allied Interstate

September 12, 2012

KRISTIN ORR, AN INDIVIDUAL, PLAINTIFF,
v.
ALLIED INTERSTATE, INC., A MINNESOTA CORPORATION; AND
JOHN AND JANE DOES NUMBERS 1 THROUGH 10, DEFENDANTS.



The opinion of the court was delivered by: Hon. Norman A. Mordue, U.S. District Judge:

MEMORANDUM DECISION AND ORDER

I. INTRODUCTION

Plaintiff Kristin Orr filed a complaint alleging that Allied Interstate, Inc. ("Allied") and John and Jane Does numbers 1 through 10, defendants, committed violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692 et seq. and the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 when they attempted to collect a debt discharged in bankruptcy and performed a "hard" inquiry on plaintiff's credit report without her "authorization or any permissible purpose." Allied moves for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure on the basis that plaintiff's bankruptcy filing precludes these claims. Plaintiff opposes dismissal but requests that the Court refer this matter to United States Bankruptcy Court.

II. COMPLAINT

According to the complaint:

Sometime prior to 2008, Plaintiff, allegedly incurred a financial obligation to Slm Financial Corp. in the form of a non-federal, private student loan ("Orr Obligation").

Slm Financial Corp. is also known as "Sallie Mae" and they are considered one entity . . . .

The Orr Obligation arose out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are for personal, family, and household purposes.

Allied contends that the Orr Obligation is in default.

The Orr Obligation is a "debt" as defined by the [FDCPA]. Plaintiff is . . . a "consumer" as that term is defined by [FDCPA].

Plaintiff . . . alleges, that sometime prior to 2008, the creditor of the Orr Obligation either directly or through intermediate transactions assigned, placed, transferred, or sold the debt to Allied for collection.

Allied collects, and attempts to collect, debts incurred, or alleged to have been incurred, for personal, family, or household purposes on behalf of creditors using the U.S. mail, telephone, and Internet.

Allied is . . . a "debt collector" as defined by [FDCPA].

Allied is . . . a "person" as defined by [FCRA].

In 2008, on or near the date Allied received the Orr Obligation for collection, Plaintiff decided to file for Chapter 7 bankruptcy. During her wait for residency,

Allied commenced efforts to collect the Orr Obligation.

On November 3, 2008, Plaintiff noticed that Allied had conducted an inquiry ...


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