Wan

Wan v. Commercial Recovery Systems, Inc.

Good Law

369 F. Supp. 2d 1158·8 A.L.R. Fed. 2d 825·2005 WL 1185547·2005 U.S. Dist. LEXIS 13508

United States District Court, Northern District of CaliforniaMay 19, 2005C 05-0702SBACalifornia3,489 words

Opinion

Armstrong, J.

ORDER

This matter comes before the Court on Defendants Commercial Recovery Systems, Inc. and Rose Smith’s (collectively, the “Defendants”) motion to dismiss the Complaint and each cause of action alleged therein by plaintiff Joanne Wan (“Plaintiff’). Having read and considered the arguments presented by the parties in their moving papers, the Court finds this matter appropriate for disposition without a hearing. The Court HEREBY GRANTS Defendants’ motion to dismiss.

BACKGROUND

On February 16, 2005, Plaintiff, on behalf of herself individually and all others similarly situated, filed the instant action pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 -1692o (the “FDCPA”). This case is based solely upon the contents of a collection letter (“the Letter”) that Defendants sent to Plaintiff, dated March 10, 2004. (See Complaint (“Compl.”), Exs. A and B.) Defendants sent the Letter in an attempt to collect a $13,115.96 debt that Plaintiff owed to non-party Chase. (Id. at Ex. A.) The front page of the Letter contains the following text in a uniform size and typeface: . ■

(Id.). The back of the Letter contains various notifications “as required by law,” including…

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