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Holt v. MRS Bpo, LLC

United States District Court, Seventh Circuit

October 21, 2013

MICHELLE HOLT, Plaintiff,
v.
MRS BPO, LLC, Defendant.

MEMORANDUM OPINION AND ORDER [1]

THOMAS M. DURKIN, District Judge.

Michelle Holt claims that MRS BPO, LLC ("MRS") made numerous calls to her with an automated dialing device in violation of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et. seq., and the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227 et. seq. R. 1. Now before the Court is Holt's Motion for Partial Summary Judgment on her TCPA claim, R. 46, as well as MRS's Motion for Partial Summary Judgment on the FDCPA claims. R. 49. For the following reasons, the Court denies both motions.

BACKGROUND

MRS is a debt collection business that collects consumer debts and other obligations owed like municipal fines and parking tickets. R. 48-9 ¶¶ 2-4. To collect outstanding debts and contact debtors, MRS uses both the telephone and the mail. Id. ¶ 3.

Holt alleges that in September 2011, MRS began calling her cell phone number to collect a debt or obligation owed "from a transaction in which the money, property, insurance, or services that are the subject of the transaction were incurred primarily for personal, family, or household purposes." R. 1 ¶ 9; R. 46-2 ¶ 3. She claims that between September 2011 and January 2012, MRS made the following nineteen calls to her without her consent:

1. September 12, 2011, at 2:03 pm;
2. September 13, 2011, at 7:45 pm;
3. September 19, 2011, at 8:34 am;
4. September 24, 2011, at 8:07 am;
5. October 13, 2011, at 10:46 am;
6. October 19, 2011, at 10:00 am;
7. November 4, 2011, at 4:53 pm;
8. November 8, 2011, at 11:46 am;
9. November 11, 2011, at 6:47 pm;
10. November 16, 2011, at ...

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