Johnson v. AMO RECOVERIES

ORDER GRANTING DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS

Plaintiff Donald Johnson (“Johnson”) has sued defendant AMO Recoveries (“AMO”) for violation of the Fair Debt Collection Practices Act (“the FDCPA”), 15 U.S.C. § 1692e(10). AMO moves for judgment on the pleadings on Johnson’s claims. Johnson opposes the motion. The court has read the moving and responding papers and considered the arguments of counsel. For the reasons set forth below, the court grants AMO’s motion.

I. BACKGROUND

This case concerns six letters that AMO allegedly sent to Johnson concerning his Discover credit card debt of $3,821.85. Johnson contends that he received the first letter from AMO on July 14, 2004. Compl. ¶¶ 8-9. The letter, entitled “SETTLEMENT OFFER,” provides that “AMO Recoveries, duly authorized by Discover Financial Services Inc., hereby offers to accept 60% as settlement in full on the above mentioned account. This settlement offer shall be null and void if not received by [sic].” Compl. ¶ 11; Ex. A. The letter did not provide a date by when its offer would expire. Id. at ¶ 12.

According to Johnson, AMO sent him a second letter on August 2, 2004. Id. at ¶¶ 13-14. This letter,…