Dina Klein v. Credico Inc.
Opinion
Credico, Inc., which is licensed and does business in Minnesota as Credit Collections Bureau, sent Dina Klein a debt collection letter under the business name "Credit Collections Bureau" in March 2017. Klein filed a lawsuit, arguing that the content of the letter violated the Fair Debt Collection Practices Act ("FDCPA").
Credico's letter included the words "CREDIT-COLLECTIONS-BUREAU" in the top right corner. Several lines below the letter included the words "PROFESSIONAL DEBT COLLECTORS." The letter also said that if Klein's debt was not paid and if it was necessary to file a lawsuit to collect the debt, "it could result in a judgment ... and that judgment could include ... pre-judgment interest." The letter was sent to Klein in Minnesota and *396 signed by three people, including Kathy Mitchell, who was not registered to collect debts in Minnesota. Below the signatures, the letter stated, "Pay on-line or correspond with CCB at www.payccb.com."
The district court determined that the use of "PROFESSIONAL DEBT COLLECTORS" and "CCB" was not false or misleading when viewed through the eyes of an unsophisticated consumer, and it further determined that the use was nevertheless immaterial. The district court also held that Mitchell's signature and the statement that Credico could seek pre-judgment interest did not violate the FDCPA. Klein appeals the district court's rulings on each of these aspects of the letter.
"We review a grant of a motion to dismiss de novo."
Keating v. Neb. Pub. Power Dist.
,
Klein first argues that Credico violated the FDCPA by including "PROFESSIONAL DEBT COLLECTORS" in the top right hand corner of the letter and by including the statement that Klein could "[p]ay on-line or correspond with CCB at www.payccb.com" at the bottom of the letter. The FDCPA provides that "[a] debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt." § 1692e. This includes "[t]he use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization." § 1692e(14). Klein argues that the use of "PROFESSIONAL DEBT COLLECTORS" and the acronym "CCB" violated § 1692e(14) because they are organization names other than Credico's true name.
When "evaluating whether a debt collection letter is false, misleading, or deceptive in violation of § 1692e, the letter must be viewed through the eyes of an unsophisticated consumer."
Peters v. Gen. Serv. Bureau, Inc.
,
Though Klein argues the district court "erred in dismissing [her] case at the pleading stage based on the court's conjecture as to how an unsophisticated consumer would interpret a collection letter," the unsophisticated consumer test contains an "objective element of reasonableness" that "prevents liability for bizarre or idiosyncratic interpretations of collection notices."
Id
. at 1055-56 (concluding "as a matter of
*397
law" that there was no violation of § 1692e). The district court's determination was not based on conjecture. Rather, it was based on the correct objective determination that an unsophisticated consumer would not have viewed Credico's statements as false, deceptive, or misleading.
See
Second, Klein argues that Credico's letter violated the FDCPA because the letter was signed by Mitchell, "who [was] not licensed by the Minnesota Department of Commerce to engage in debt collection activities in Minnesota."
See
But the FDCPA "was not meant to convert every violation of a state debt collection law into a federal violation."
Carlson v. First Revenue Assur.
,
Finally, Klein argues that Credico improperly attempted "to collect prejudgment interest" because Minnesota Statute section 549.09 does not allow the recovery of pre-judgment interest here. She claims this attempt also violated § 1692f(1). Credico's letter said, "When suit is filed, it could result in a judgment against you and that judgment could include ... pre-judgment interest." Credico agrees that it could not have collected pre-judgment interest under section 549.09. Instead, Credico says it could seek pre-judgment interest pursuant to Minnesota Statute section 334.01.
The district court properly concluded that Minnesota law does not prohibit Credico from seeking pre-judgment interest. We observed in Hill v. Accounts Receivable Servs., LLC that the Minnesota Supreme Court has not yet decided whether *398 section 334.01 allows for the recovery of pre-judgment interest in a case such as this. 888 F.3d at 346. We also determined that "the text of § 334.01 does not prohibit" recovering pre-judgment interest. Id . Thus, because it was not false to suggest that Credico could collect pre-judgment interest, we conclude that Klein has not pleaded sufficient factual matter to state a plausible claim that Credico violated § 1692f(1).
For the foregoing reasons, we affirm the district court's dismissal.
The Honorable David S. Doty, United States District Judge for the District of Minnesota.
Klein also argues that the district court should not have imported a materiality standard into § 1692e. We need not address this argument because Credico's statements were not false, deceptive, or misleading.
But see
Hill v. Accounts Receivable Servs., LLC
,
Reference
- Full Case Name
- Dina KLEIN, Plaintiff - Appellant v. CREDICO INC., Defendant - Appellee
- Cited By
- 9 cases
- Status
- Published