Johnson v. CRA Security Systems

ORDER DENYING DEFENDANT’S MOTION TO DISMISS

On January 31,1997, defendant CRA Security Systems’ motion to dismiss for failure to state a claim came on regularly for hearing. Having considered the arguments of counsel and the papers submitted, the Court hereby DENIES defendant’s motion to dismiss.

BACKGROUND

The complaint in this case alleges that on September 25, 1995, defendant CPA Security Systems, acting on behalf of Loehmann’s, Inc., sent plaintiff Frankie Jane Johnson three letters indicating that checks written on her checking account had been returned to Loehmann’s marked “Closed Account.” On October 2, 1995, in response to CRA’s letters, Johnson informed CPA that the checks had been stolen and forged. Johnson included a copy of the police report that she filed after a box of her checks had been stolen from her mailbox. 1

On September 24, 1996, Johnson filed this action alleging violation of the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 (“FDCPA”); California’s RobbinsRosenthal Fair Debt Collection Practices Act, Civil Code § 1788; and California Business and Professions Code § 17200. Johnson claims that CRA engaged in unfair, unlawful and deceptive…