David Coyne v. Messerli & Kramer P.A.
Opinion
In 2016, Minnesota resident David Coyne received three collection letters about a credit-card debt in his name. The law firm of Messerli & Kramer P.A. sent him the first letter, asserting he owed an "account balance of $17,230.29 consist[ing] of the principal balance of $13,205.30 and interest of $3,871.39 at the rate of 6.00% plus incurred costs of $153.60." Another debt collector, Midland Credit Management, Inc., sent him the other letters on behalf of the debt's current owner, Midland Funding LLC, but those parties and letters are not before us in this appeal.
Coyne filed a putative class action against Midland Funding and the two debt collectors under the Fair Debt Collection Practices Act,
see
15 U.S.C. § 1692k(d), claiming they used a "false, deceptive, or misleading representation or means,"
see id.
§ 1692e, and an "unfair or unconscionable means,"
see id.
§ 1692f, in attempting to collect the credit-card debt when they told him, among other things, that he owed interest on the debt's principal balance. In his amended complaint, Coyne alleges that the principal balance included contractual interest. He also alleges that since the underlying credit-card agreement does not authorize the charging of compound interest (
i.e.
, interest on the contractual interest), the defendants falsely represented the amount of the debt and impermissibly tried to collect interest that they could not charge under Minnesota law.
See
When Midland Funding and the debt collectors moved the district court to dismiss the amended complaint for failing to state a claim, the district court granted the motion and dismissed the action on the ground that Coyne failed to allege that any statement in the collection letters "was not only false but materially so." The district court explained why some of the statements Coyne had contested did not violate the FDCPA, but it did not discuss whether *1037 he had pleaded a claim based on the charging and attempted collection of compound interest that state law did not allow. Coyne moved the district court for leave to file a motion to reconsider, but the district court denied him leave since it had determined that the representations in the letters "regarding interest were either not material or did not violate the FDCPA." Coyne appeals from the judgment dismissing his complaint, and we reverse.
We review de novo a district court's dismissal of a complaint for failing to state a claim, "accepting the factual allegations in the complaint as true and viewing them in the light most favorable to the plaintiff."
United States ex rel. Ambrosecchia v. Paddock Labs., LLC
,
The FDCPA is a consumer-protection statute authorizing private lawsuits and weighty fines to deter wayward collection practices.
Henson v. Santander Consumer USA Inc.
, --- U.S. ----,
It is undisputed that Minnesota law governs Coyne's alleged credit-card debt.
It is also plausible that the interest charged on the principal balance included interest on the contractual interest: Messerli's letter to Coyne was dated February 26, 2016, and it asserted that he owed "interest of $3,871.39 at the rate of 6.00%" on "the principal balance of $13,205.30." This amount of interest is approximately what would accrue on the principal balance under an annual rate of 6.00% simple interest from the date the credit-card company sold the debt-April 14, 2011, according to the final debt-collection letter-to the date of Messerli's letter. So if the principal balance has contractual interest in it, the interest sought in Messerli's letter would include interest on that contractual interest. We thus hold that Coyne has plausibly alleged that Messerli tried to collect, and told him that he owed, an amount and a type of interest that state law prohibited in the circumstances.
In
Haney
, we held under the unsophisticated-consumer standard that a debtor stated a claim under 15 U.S.C. §§ 1692e and 1692f(1) when he alleged that a debt-collection letter had sought to collect, and informed him he owed, "an interest-on-interest amount not allowed as a matter of state law."
We now hold that a false representation of the amount of a debt that overstates what is owed under state law materially violates 15 U.S.C. § 1692e(2)(A) as well. It is material not only because the representation violates the plain language of that subsection prohibiting the "false representation" of the "amount" of "any debt," but also because an overstatement of the debt's amount necessarily misleads the debtor about the amount he owes under his agreement with the creditor.
See
Hill
,
Messerli argues nonetheless that it did not violate the FDCPA since the amount of interest stated in its letter to Coyne was contractually authorized. That may prove to be true. But at the pleading stage we must accept Coyne's allegation that he did not agree to be charged compound interest and so may not be charged it.
See
Since the amended complaint and the documents it necessarily embraces do not indicate the interest rates that apply to the debt, we have no occasion to consider Messerli's argument that a debt collector may try to collect compound interest (which state law does not allow) without materially violating the FDCPA so long as the total amount of interest sought does not exceed the maximum amount permitted under the debtor's contract. Messerli contends the district court held that requesting less interest than the amount owed does not materially violate the FDCPA, but that is simply not correct. Nothing in the district court's orders granting the motion to dismiss and denying Coyne leave to file a motion to reconsider supports Messerli's representation. At oral argument, Messerli further asserted that the district court had correctly noted that its letter to Coyne "was not a collection letter," but Messerli errs again: The district court did not make that observation, and it was not even in a position at the pleading stage to do so since that observation would have conflicted not only with the allegations in the amended complaint, but also with the declaration printed on the letter's face that it "is from a debt collector and is an attempt to collect a debt."
We reverse the judgment of the district court only as to Coyne's claim against Messerli that it violated 15 U.S.C. §§ 1692e and 1692f when it attempted to collect, and represented he owed, compound interest on the debt in violation of Minnesota law. We remand the case for further proceedings on that claim.
Reference
- Full Case Name
- David COYNE, on Behalf of Himself and All Others Similarly Situated, Plaintiff-Appellant v. MIDLAND FUNDING LLC; Midland Credit Management, Inc., Defendants Messerli & Kramer P.A., Defendant-Appellee
- Cited By
- 22 cases
- Status
- Published