Tong
Tong v. Capital Management Services Group, Inc.
Opinion
Opinion
Whyte, J.
ORDER DENYING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS
Defendant Capital Management Services Group (“CMS”) moves for judgment on the pleadings on the grounds that plaintiff Kinh Tong’s complaint (1) fails to state a claim under the Fair Debt Collection Practice Act (“FDCPA”), 15 U.S.C. § 1692 et seq.; and (2) fails to state a claim under the Rosenthal Fair Debt Collection Practice Act (“RFDCPA”). The court has reviewed the papers and considered the arguments of counsel. For the reasons discussed below, the court DENIES CMS’s motion.
I. BACKGROUND
On a date or dates unknown to plaintiff, plaintiff incurred a financial obligation, on a consumer credit card account issued by Chase Bank (“the debt”). Compl. ¶ 8. Sometime thereafter, the debt was transferred to CMS for collection from plaintiff. Compl. ¶ 9. In connection with this debt, CMS mailed a first collection letter dated May 6, 2006, and a second letter dated June 6, 2006, directly to plaintiff. Compl. ¶ 10-18. On Sunday, July 16, 2006 at 9:00 p.m. Eastern Time, plaintiffs counsel, Fred W. Schwinn (“Schwinn”) of the Consumer Law Center, Inc., sent a letter to CMS via facsimile. This fax referenced the name Ann Tong,…