Anderson
Anderson v. CREDIT COLLECTION SERVICES, INC.
Opinion
Opinion
Whelan, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS; DENYING PLAINTIFF’S CROSS-MOTION FOR SUMMARY JUDGMENT
Defendant Credit Collection Services (“Defendant” or “CCS”) moves to dismiss Plaintiff Dawn Marie Anderson’s (“Plaintiffs”) Fair Debt Collection Practices Act (“FDCPA”) Complaint. See Fed.R.Civ.P. 12(b)(6). Plaintiff has filed a cross-motion for summary judgment. See Fed.R.Civ. P.56. Both parties, through counsel, oppose the respective motions. The Court decides the matter on the papers submitted and without oral argument. See Civ. L.R. 7.1(d.l). For the reasons outlined below, the Court grants Defendant’s motion to dismiss, and denies Plaintiffs cross-motion for summary judgment.
I. Background
On July 07, 2003 Defendant sent Plaintiff a debt collection letter seeking a $269.85 past due balance. The letter contained both Defendant’s address and a Western Union logo and stated (caps in original):
On February 19, 2004 Plaintiff commenced this FDCPA lawsuit. Plaintiff contends the letter violates 15 U.S.C. § 1692 in two respects. First, Plaintiff argues that the letter’s statutory reference (“The Paragraph”) is false, deceptive and misleading, and harasses Plaintiff by falsely…