Hutton
Hutton v. LAW OFFICES OF COLLINS & LAMORE
Opinion
Opinion
Burns, J.
ORDER ON DEFENDANT’S MOTION TO DISMISS
Chris Hutton alleges that the Law Offices of Collins & Lamore attempted to collect a debt in a manner that violated the Fair Debt Collection Practices Act (“FDCPA”) and the Rosenthal Fair Debt Collection Practices Act. Specifically, Hutton claims that a dunning letter he received from Collins & Lamore demanded an amount of $22,519.17 but some unknown or confusing amount of interest, and therefore failed to include the total amount of the debt as required by law. Now before the Court is Collins & La-more’s motion to dismiss.
I. Factual Background
The following facts are undisputed. Hutton was issued a credit card by Advanta Bank, and on November 5, 2008, Collins & Lamore (the “Firm”) sent Hutton a dunning letter attempting to collect the outstanding balance. That letter said
(Collins Deck, Ex. 2.) Over one month later, on December 12, 2008, the Firm filed a collections lawsuit against Hutton in San Diego Superior Court.
II. Procedural History
Hutton filed this action on April 13, 2009. The Firm filed a motion to dismiss and an anti-SLAPP motion to strike on June 4, 2009. The motion to dismiss was also pled, in the alternative, as a…