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Nicholson v. Allied Interstate, LLC

United States District Court, E.D. New York

March 10, 2015

RICHARD NICHOLSON, Plaintiff,
v.
ALLIED INTERSTATE, LLC, AND IQOR, INC., Defendants

Page 366

For Plaintiff: Debora Gerads, Thomasson Law LLP, Jersey City, NJ; Abraham Kleinman, Kleinman, LLC, Uniondale, NY.

For Defendants: Casey Laffey, Nana Japaridze, Reed Smith LLP, New York, NY.

Page 367

MEMORANDUM AND ORDER

JOSEPH F. BIANCO, United States District Judge.

Plaintiff Richard Nicholson (" plaintiff" ) brings this action against Allied Interstate, LLC (" Allied" ) and iQor, Inc. (" iQor" ) (collectively, " defendants" ), asserting claims under the Fair Debt Collection Practices Act (" FDCPA" ), 15 U.S.C. § 1692, et seq. Plaintiff asserts claims individually and as a representative of a putative class action. Plaintiff has not yet filed a motion for class certification.

Before the Court is defendants' motion to dismiss the complaint. Defendants move to dismiss the complaint for lack of subject matter jurisdiction, arguing that plaintiff's claims are moot. In the alternative, defendants seek the dismissal of all claims against defendant iQor, pursuant to Fed.R.Civ.P. 12(b)(6), on the grounds that iQor cannot be held liable for Allied's conduct. For the reasons set forth below, the motion to dismiss is denied in its entirety.

I. Background

Plaintiff filed the complaint in this action on February 24, 2014, asserting claims under the FDCPA. Plaintiff alleges that Allied sent him a letter, dated December 20, 2013, purporting to collect a student loan debt owed to United Guaranty Residential Insurance Company. (Compl. ¶ ¶ 12-15.) Plaintiff asserts that he has never owed a debt to that company, and that therefore the collection letter violated the FDCPA's requirements for collection letters. See 15 U.S.C. § 1692g(a). Plaintiff further alleges that he mailed a letter of dispute to the address listed on the collection letter, and that the letter was returned to him marked " not deliverable as addressed/unable to forward." ( Id. ¶ ¶ 20-22.) Plaintiff avers that the address on the collection letter was, in fact, the address of a call center owned by iQor, Inc. ( Id. ¶ ¶ 23-25.) Plaintiff asserts that Allied routinely uses iQor's mailing address, in order to frustrate consumer complaints. Plaintiff asserts that this practice violates Section 1692e of the FDCPA, which prohibits the use of " false, deceptive, or misleading representation or means in connection with the collection of any debt."

On March 18, 2014, defendants served plaintiff with an offer of judgment, pursuant to Fed.R.Civ.P. 68. The Rule 68 offer permitted plaintiff to take judgment against the defendants according to the following terms:

(1) Defendants will allow judgment to be entered against them in the amount of Two Thousand Five Hundred and One Dollars ($2,501.00) plus reasonable

Page 368

costs and attorneys' fees as recoverable by law and allowed by the Court.
(2) The judgment entered in accordance with this Offer shall completely resolve any and all individual claims by Plaintiff against Defendants and any of ...

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