Welker
Welker v. LAW OFFICE OF DANIEL J. HORWITZ
Opinion
Opinion
Gonzalez, J.
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
[Doc. No. 36]
Currently before the Court is Plaintiff Erica Welker’s Motion for Summary Judgement. Having considered the parties’ arguments, and for the reasons set forth below, the Court GRANTS the motion in its entirety.
BACKGROUND
Defendant Daniel J. Horwitz is an attorney engaged in collecting unpaid debts for creditors, including the Ambulatory Care Surgery Center. On October 2, 2008, De fendant sent Welker a dunning letter, indicating that the Ambulatory Care Surgery Center retained his office to collect Welker’s outstanding balance related to her past-due account for medical services rendered. The letter listed $23,508.61 as the principal amount of the claim, and also asked for interest at the legal rate and reimbursement of related court costs. The dunning letter was delivered along with the state court Summons and Complaint, and was the only communication sent to Welker by Defendant.
On December 5, 2008, Welker brought a lawsuit against Defendant, alleging that the dunning letter she received violated the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and the Rosenthal Fair Debt…