Voris
Voris v. Resurgent Capital Services, L.P.
Opinion
Opinion
Miller, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS
This is a putative class action alleging violations of the Fair Debt Collection Practices Act (“FDCPA” or “the Act”), 15 U.S.C. §§ 1692 et seq., and California’s Rosenthal Fair Debt Collection Practices Act (“RFDCPA”), Cal. Civ.Code §§ 1788 et seq. The named plaintiffs are Archibald Voris, Michael Irick, and Greg S. Brinson, all individuals (collectively the “Plaintiffs”). Defendant Resurgent Capital Services, LP (“Defendant”) is a limited partnership that at times is a “debt collector” under the FDCPA. Answer ¶ 14. Defendant, having answered the Corrected First Amended Class Action Complaint (“CFAC”), now moves for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. The court held a hearing on the matter on April 13, 2007. After carefully considering the papers and the oral argument of counsel, the court now GRANTS IN PART and DENIES IN PART the motion for the reasons set forth below. The letters and envelopes at issue in the case are incorporated by reference and copies are attached at the end of this order.