Reynolds v. Mountain Run Solutions LLC

United States District Court for the Eastern District of Arkansas

Reynolds v. Mountain Run Solutions LLC

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION CHRISTINA REYNOLDS, Individually and on behalf of all others similarly situated PLAINTIFF Vv. No. 4:20-cv-1118-DPM

MOUNTAIN RUN SOLUTIONS, LLC and JOHN DOES 1-25 DEFENDANTS ORDER 1. Mountain Run Solutions, LLC is a Utah-based debt collector. In December 2019, it sent a letter to Christina Reynolds to collect a debt: THIS IS A DEMAND FOR PAYMENT ON YOUR ACCOUNT Yo ey the ancim shown above, en scurry be neceeay a we recave you pyre Sauisioroy geen percolate oat Was you Wa tes spoueve (001) 621- happy to diecuss your eccount Wheres enxns dispute Wat yarn Marr Tero nae area a a eae Doc. 1 at 11. Reynolds claims the letter was false, deceptive, or misleading within the meaning of the Fair Debt Collection Practices Act because it failed to describe the nature and amount of any needed adjustment. She says the Act requires more precision. She served Mountain Run with this lawsuit in October 2020, and Mountain Run hasn’t responded. There was good service on Mountain Run’s agent. Doc. 2. The Clerk has entered a default. Doc. 5. If the now undisputed facts in Reynolds’s complaint state

a cause of action, the Court may enter judgment in her favor. Marshall v. Baggett,

616 F.3d 849, 852-53

(8th Cir. 2010). 2. Having reviewed the complaint and screened the claims brought under 15 U.S.C. §§ 1692e & 1692f, the Court holds that Reynolds stated causes of action. At a minimum, the letter should have described Mountain Run’s reasons, if any, for adjusting the amount due. Compare Kolbasyuk v. Capital Management Services, LP,

918 F.3d 236, 241-42

(2d Cir. 2019). The resulting murkiness violated the Act. 3. Reynolds is entitled to $1000 in statutory damages, plus $550.00 in costs. 15 U.S.C. §§ 1692k(a)(2)(A) & (a)(3). The attorney’s fee requested, however, must be reduced. Counsel's hourly rate is too high for this kind of work in the Eastern District of Arkansas. A reasonable rate is $200 per hour. And fifteen hours is a reasonable amount of time to get the case to this point. The Court therefore awards $3,000 in attorney’s fees.

Reynolds’s motion, Doc. 10, is granted as modified. The Court will enter Judgment. So Ordered. 4urstell D.P. Marshall Jr. United States District Judge ie Jomvony B25.

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