Abels

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS CLAIMS FROM THE SECOND AMENDED COMPLAINT

I. INTRODUCTION

Raymond Abels (“Abels”), on behalf of himself and all others similarly situated (“Plaintiffs”), brought an action against JBC Legal Group, Jack Boyajian, and Outsource Recovery Management (“ORM”), (collectively, “Defendants”), alleging that Defendants’ attempts to collect on his dishonored checks violated the Federal Fair Debt collection Practices Act 15 U.S.C. §§ 1692 et seq. (“FDCPA”). Presently before the Court is Defendants’ Motion to Dismiss claims from Plaintiffs’ Second Amended Complaint (“SAC”) that the request for a $25 service charge to Abels violated the FDCPA. The Court held a hearing on Defendants’ Motion on June 5, 2006. Based on the arguments of counsel at the hearing and on the papers submitted, the Court DENIES Defendants’ Motion to Dismiss.

II. BACKGROUND

In 1993, Abels, wrote two separate checks to Millers Outpost and Inland Valley D. (SAC ¶¶ 8, 24.) Defendant ORM allegedly acquired Abels’s debt and retained defendants Jack Boyajian and JBC Legal Group to assist with collecting Abels’s debt. (SAC ¶¶9, 11, 25 & 26.) Plaintiffs filed suit against Defendants for…