Vinson v. Credit Control Services, Inc.
Vinson v. Credit Control Services, Inc.
Opinion of the Court
MEMORANDUM
I. Introduction
This action arises from an alleged violation of the Fair Debt Collection Practices Act (“FDCPA”). Before the court is Defendant’s, Credit Control Services, Inc. d/b/a Credit Collection Services (“Credit Control Services”), Motion for Judgment on the Pleadings [# 10]. The court held a hearing on this motion on October 2, 2012. For the reasons set forth below, this motion is ALLOWED.
II. Factual Background
In brief, Plaintiff Amanda Vinson (“Vinson”) alleges the following facts in her Amended Complaint [# 3]. Vinson lives in Alabama.
III. Discussion
A. Standard of Review
A court treats a Rule 12(c) motion for judgment on the pleadings much the same as a Rule 12(b)(6) motion to dismiss.
Ordinarily, the court may not consider materials outside the pleadings without converting the motion into a motion for summary judgment.
B. Violation of 15 U.S.C. § 1692c(a)(l)
Vinson alleges that Credit Control Services violated 15 U.S.C. § 1692c(a)(l). The statute states in relevant part that a debt collector may not communicate with a consumer:
at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antemeridian and before 9 o’clock postmeridian, local time at the consumer’s location.13
Vinson claims that Credit Control Services violated the statute by calling her after 9:00 p.m., a time presumed to be inconvenient.
When interpreting a federal statute, the Uniform Time Act of 1966 requires that a court apply United States standard time zones.
C. Violation of Chapter 93A
First, in her opposition, Vinson requests dismissal of Count 11(a) pursuant to Rule 41.
Second, Vinson premised Count 11(b) on her alleged violation of the FDCPA.
TV. Conclusion
For the foregoing reasons, Credit Control Services’s ' Motion for Judgment on the Pleadings [# 10] is ALLOWED. THIS CASE IS CLOSED.
AN ORDER HAS ISSUED.
ORDER
For the reasons set forth in the accompanying Memorandum, this court hereby orders that Defendant’s Motion for Judgment on the Pleadings [# 10] is ALLOWED.
THIS CASE IS CLOSED.
IT IS SO ORDERED.
. Am. Compl. ¶ 4 [# 3].
. Am. Compl. ¶ 8.
. Am. Compl. ¶ 11.
. Am. Compl. ¶ 13.
. Pérez-Acevedo v. Rivero-Cubano, 520 F.3d 26, 29 (1st Cir. 2008).
. Id.
. Id. (quoting Bell Atlantic v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)).
. Curran v. Cousins, 509 F.3d 36, 43 (1st Cir. 2007).
. Santiago v. Bloise, 741 F.Supp.2d 357, 360 (D.Mass. 2010).
. See Gulf Coast Bank & Trust Co. v. Reder, 355 F.3d 35, 38 (1st Cir. 2004); Watterson v. Page, 987 F.2d 1, 3 (1st Cir. 1993).
. Alt. Energy, Inc. v. St. Paul Fire & Marine Ins. Co., 267 F.3d 30, 33 (1st Cir. 2001) (quoting Watterson, 987 F.2d at 3).
. Vinson challenges inclusion of the following exhibits attached to Credit Control Services's Mem. Supp. J. Pleadings [# 11]:
Exhibit E: Two Letters from Vinson to Credit Collection Services, Inc.
Initial letter formally notifying Credit Collection Services, Inc. of Vinson's representation by counsel (dated Jan. 19, 2012); Mass. Gen. Laws ch. 93A Demand Letter (dated Feb. 23, 2012)
Exhibit F: Certified Copy of Credit Control Services' Annual Report to the Mass. Secretary of State under Mass. Gen. Laws ch. 156 D, § 16.22
Exhibit G: Certified Copy of Articles of Dissolution of Credit Collection Services, Inc., pursuant to Mass. Gen. Laws ch. 156B, § 100
. 15 U.S.C. § 1692c(a)(l).
. Am. Compl. ¶ 16.
. Def.’s Answer ¶ 11.
. See Def.’s Answer ¶ 11 [# 8]; Def.'s Mem. Supp. Mot. J. Pleadings 3-4 [# 11],
. PL's Opp'n Def.'s Mot. J. Pleadings 2 [# 23].
. 15 U.S.C. § 1692C(a)(l).
. Def.’s Answer ¶ 11.
. See 15 U.S.C. § 262 (“In all statutes, orders, rules, and regulations relating to the time ... within which any act shall or shall not be performed by any person subject to the jurisdiction of the United States, it shall be understood and intended that the time shall ... be the United States standard time of the zone within which the act is to be performed.”).
. 49 C.F.R. §§ 71.5, 71.6; Ala.Code § 1-1-4 (1975).
. PL's Opp'n Def.’s Mot. J. Pleadings 11-12[# 23].
. See Compl. [# 1].
. Am. Compl. ¶ 18(a).
. See Am. Compl. ¶ 18(b).
. The court also notes that Vinson admitted at the hearing that she failed to send a demand letter to Credit Control Services before commencing this suit. Because the demand letter is a jurisdictional requirement, failure to send a demand letter is itself grounds for dismissal. See McKenna v. Wells Fargo Bank, N.A., 693 F.3d 207, 217-18 (1st Cir. 2012).
Reference
- Full Case Name
- Amanda VINSON v. CREDIT CONTROL SERVICES, INC. d/b/a Credit Collection Services
- Status
- Published