United States District Court, S.D. New York
CRISTHIA M. ACEVEDO, Plaintiff,
PINNACLE CREDIT SERVICES, L.L.C., Defendant.
B. Geller, Esq. Edward B. Geller, Esq., P.C. Bronx, NY
Counsel for Plaintiff
Ginzburg The Ginzburg Law Firm, P.C. Old Bridge, N.J. Counsel
OPINION & ORDER
KENNETH M. KARAS UNITED STATES DISTRICT JUDGE
M. Acevedo ("Plaintiff) brings this putative Class
Action against Pinnacle Credit Services, L.L.C.
("Defendant"), alleging that Defendant engaged in
unlawful credit and collection practices in violation of the
Fair Debt Collection Practices Act ("FDCPA"), 15
U.S.C. § 1692 et seq. (Dkt. No. 1.) Before the Court is
Defendant's Motion To Dismiss the Complaint pursuant to
Federal Rule of Civil Procedure 12(b)(6) (the
"Motion"). (Dkt. No. 10.) For the following
reasons, the Motion is granted.
following facts are drawn from Plaintiffs Complaint and are
taken as true for the purpose of resolving the instant
June 2015, Defendant reported to the credit reporting
agencies that Plaintiff had an outstanding debt. (Compl.
¶ 23 (Dkt. No. 1).) Plaintiff hired Asset Protection and
Management, Inc. ("Asset Protection") to represent
her in inquiring about and challenging the debt.
(Id. ¶¶ 24-25.) On July 20, 2015, Whitney
Reyes ("Reyes"), an Asset Protection employee,
called Defendant and was connected to a recorded greeting
which stated that Defendant uses outside services to collect
debts and that Defendant regularly updates credit reports but
could not guarantee how quickly the credit reporting agencies
would amend credit reports to reflect those updates.
(Id. ¶ 25.) After the recording finished, Reyes
was transferred to Defendant's employee. (Id.
¶ 26.) The employee stated that Plaintiffs account was
being handled by Diversified Consultants. (Id.
¶ 27.) Reyes asked the employee if Plaintiff could
dispute her account with Defendant. (Id.) In
response, the employee said, "We don't handle the
accounts here. You have to talk to the agencies."
(Id. ¶ 28.) After Reyes asked the employee when
Plaintiffs account would be updated, the employee stated,
"That's all the information I can give you. Did you
listen to the recording before you were transferred over
ma'am? It does explain that information to you."
(Id. ¶ 29.)
alleges that Defendant violated the FDCPA by reporting
Plaintiffs debt to the credit reporting agencies, but then
when Plaintiff contacted Defendant to dispute the debt,
"claimed deceptively and deceitfully that no information
was available and no dispute could be recorded."
(Id. ¶ 32.) Defendant also allegedly violated
the FDCPA by "unfairly and unconsciously" directing
Plaintiff to contact Diversified Consultants. (Id.
commenced this putative Class Action against Defendant on
December 15, 2015, alleging violations of the FDCPA. (Dkt.
No. 1.) Pursuant to a briefing schedule adopted by the Court
on April 5, 2016, (Dkt. No. 9), Defendant filed its Motion
and supporting papers on April 15, 2016, (Dkt. Nos. 10-12).
Plaintiff filed her opposition on June 9, 2016, (Dkt. No.
16), and Defendant filed its reply on June 7, 2016, (Dkt. No.