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TRULL v. GC SERVS. L.P.

March 24, 1997

LISA TRULL, on behalf of herself and all others similarly situated, Plaintiff,
v.
GC SERVICES LIMITED PARTNERSHIP, Defendant.



The opinion of the court was delivered by: NORDBERG

 Plaintiff Lisa A. Trull ("Trull") brings a two-count Complaint against Defendant GC Services Limited Partnership ("GC"), alleging violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq., and the Illinois Collection Agency Act, 225 ILCS 425/1 et seq., arising from Defendant's debt collection practices. *fn1" Presently before the Court is Defendant's Motion to Dismiss.

 ALLEGED FACTUAL BACKGROUND

 The facts alleged in support of Plaintiff's Complaint consist entirely of the contents of four pieces of correspondence from Defendant to Plaintiff. Thus, the Court reproduces the text of the letters:

 LETTER # 1

 FOR : L A TRULL

 DATE : May 23, 1995

 SUBJECT : BMG MUSIC SERVICE'S CLAIM AGAINST L A TRULL

 Your account has now been referred to GC Services and we intend to obtain payment from you.

 In the process of writing this memorandum to you, this firm has accessed the computer information on you provided by BMG MUSIC SERVICE, which is now contained in our National Database. Please be advised that this information will be used by GC Services, including my office, to proceed with our formal collection procedures to settle your account with BMG MUSIC SERVICE.

 If you do not think this debt is a just one, you may want to obtain advice on this question. Otherwise, we will expect payment promptly to remedy this claim.

 When remitting your payment, detach and return the upper portion of this notice. A return envelope is enclosed for your convenience.

 (Ex. A).

 LETTER # 2

 YOU OWE : BMG MUSIC SERVICE

 ACCOUNT # : 3683915395

 BALANCE DUE : $ 68.05

 The debt listed above has been placed with us for collection. (Since you ignored our previous notice, we assume this debt is correct). We intend to take all appropriate steps to see that you pay it.

 Your failure to pay has been listed by BMG MUSIC SERVICE with a National Credit Reporting Bureau as an outstanding delinquency. This delinquent credit report will be maintained and available as part of your personal file by the National Credit Reporting Bureau. This may be used by interested consumer product and service companies, or other creditors in case you should attempt to obtain goods or credit from them.

 Pay what you owe and further collection activities on your account will stop. Failure to resolve this delinquent account will result in continued collection activity.

 (Ex. B, dated June 13, 1995).

 LETTER # 3

 WARNING!

 Don't even think about ignoring this notice as you've ignored others in the past requesting you to pay what you owe BMG MUSIC SERVICE.

 Buying on credit can be highly convenient. Why run the risk of losing that privilege? You need to take action immediately in order to avoid being labeled as ...


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