Aquino

ORDER

Before the Court is defendant’s motion to dismiss pursuant to Fed .R.Civ.P. 12(b)(6). Plaintiff, Dolores Aquino, alleges that defendant, Western Union Communications, violated provisions of both the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 , et seq., and the California Business and Professions Code § 17200. Having carefully read and considered the papers submitted by the parties, the Court GRANTS defendant’s motion to dismiss as to both claims.

I. Factual Background

Plaintiff alleges that in April 1997 she received a collection letter at her home which was delivered by Western Union’s “Total Collection Solution” message service. The letter, which was sent to plaintiff by another defendant, Credit Collection Services (“CCS”), sought collection of a debt for $67.30. Plaintiff’s complaint states that “when she saw the simulated telegram she became anxious, frightened, and nervous. Plaintiff believed it was a telegram bringing her bad news — a death, a serious accident, a major illness.” (Comply 10.) After opening the envelope and discovering the nature of the message, “Plaintiff thereafter became angry and upset because she believed she had been…