Hunt
Hunt v. Check Recovery Systems, Inc.
Opinion
Opinion
Jenkins, J.
ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT
INTRODUCTION
Before the Court are Defendant Imperial Merchant Services d.b.a. Check Recovery Systems’ (“Defendant” or “Imperial”) and Plaintiffs Brandy Hunt (“Hunt”) and Brian Castillo’s (“Castillo”) (collectively, “Plaintiffs”) cross motions for summary judgment. The parties oppose each other’s motions. For the following reasons, the Court DENIES Defendant’s Motion for Summary Judgment and GRANTS, in part, Plaintiffs’ Motion for Summary Judgment.
FACTUAL BACKGROUND
Except as otherwise noted, the Court finds the following facts to be undisputed.
A. Procedural History
Hunt and Castillo filed their complaints on December 5, 2005 and March 16, 2006, respectively. On May 9, 2006, this Court issued a Related Case Order relating Plaintiffs’ cases. Both Plaintiffs seek damages under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Plaintiffs allege that Imperial’s debt collection practices of including an interest charge, in addition to their attempt to collect both a check amount and a statutory service charge violates the FDCPA. In…