Datta

Datta v. Asset Recovery Solutions, LLC

Good Law
191 F. Supp. 3d 1022·2016 WL 3163142·2016 U.S. Dist. LEXIS 74908
United States District Court, Northern District of CaliforniaJune 7, 2016Case No. 15-CV-00188-LHKCalifornia7,625 words

Opinion

Lead Opinion

Koh, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Plaintiff Meena Arthur Datta (“Plaintiff’) brings this action against Defendant Asset Recovery Solutions, LLC (“Defendant”). 1 Before the Court are the parties’ *1025 cross-motions for summary judgment. ECF No. 79 (“Def. Mot.”); ECF No. 80 (“Pis. Mot.”). Having considered the parties’ submissions, the relevant law, and the record in this case, the Court GRANTS IN PART and DENIES IN PART Defendant’s motion for summary judgment and DENIES Plaintiffs motion for summary judgment.

I. BACKGROUND

A. Factual Background

This case arises out of Defendant’s attempt to collect upon the consumer debts of Plaintiff and others similarly situated. Plaintiff alleges that, at some prior point in time, she incurred a consumer debt issued by HSBC Bank Nevada, N.A., for personal, family, or household purposes. ECF No. 21 ¶ 8. This debt was later consigned, placed, or otherwise assigned to Defendant for collection. Id. ¶ 9.

Plaintiff states that Defendant sent her a collection letter on January 14, 2014. Id. ¶¶ 10,12. This collection letter was sent in a glassine…

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