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Winiecki v. Creditors Interchange Receivable Management, LLC

United States District Court, N.D. Illinois, Eastern Division

January 27, 2014

LISA WINIECKI, individually and on behalf of a class of similarly situated persons, Plaintiff,
v.
CREDITORS INTERCHANGE RECEIVABLE MANAGEMENT, LLC and ECAST SETTLEMENT CORPORATION, Defendants

Page 1087

For Lisa Winiecki, on behalf of plaintiff and a class, Plaintiff: Daniel A. Edelman, LEAD ATTORNEY, Cathleen M. Combs, Francis Richard Greene, James O. Latturner, Edelman, Combs, Latturner & Goodwin, LLC, Chicago, IL.

For Ecast Settlement Corporation, Defendant: Courtney Marie Dankworth, Irene Jean Hahn, Joseph Patrick Moodhe, PRO HAC VICE, Debevoise & Plimpton Llp, New York, NY; Courtney Marie Ofosu, Rosa Maria Tumialan-Landy, Dykema Gossett PLLC, Chicago, IL.

OPINION

Page 1088

Rubé n Castillo, Chief United States District Judge.

MEMORANDUM OPINION AND ORDER

Plaintiff Lisa Winiecki brings this putative class action against Defendants Creditors Interchange Receivable Management, LLC (" CIRM" ) and eCAST Settlement Corporation (" eCAST" ) pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (the " FDCPA" ). Presently before the Court is eCAST's motion to dismiss Plaintiff's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons set forth below, eCAST's motion to dismiss is denied.

RELEVANT FACTS

Plaintiff resides in Northern Illinois. (R. 1, Compl. ¶ 4.) CIRM is a limited liability company (" LLC" ) organized under Delaware law that does business in Illinois. ( Id. ¶ 5.) eCAST is a Delaware corporation that does business in Illinois. ( Id. ¶ 9.) CIRM and eCAST are in the business of collecting defaulted consumer debts originally

Page 1089

owed to others. ( Id. ¶ ¶ 6, 10.) eCAST specializes in purchasing or acquiring the right to collect bankruptcy debt. ( Id. ¶ 11.) Plaintiff asserts that eCAST frequently purchases or acquires the right to collect more than one debt owed by a debtor. ( Id. ¶ 12.)

Plaintiff asserts that Defendants have attempted to collect several alleged credit card debts she incurred, " if at all," for personal, family, or household purposes. ( Id. ¶ 14.) Plaintiff asserts, on information and belief, that eCAST became involved with her debts after she filed an unsuccessful Chapter 13 bankruptcy petition. ( Id. ¶ 15.) On or about May 11, 2012, CIRM, acting on behalf of eCAST, sent Plaintiff a settlement offer letter (" Settlement Letter" ), which Plaintiff attached to her complaint. ( Id. ¶ 16; R. 1-1, Ex. A, Settlement Letter). CIRM's company seal appears in the upper left hand corner of the tear-off portion of the letter. (R. 1-1, Ex. A, Settlement Letter.) Immediately next to that seal, the Settlement Letter states: " RE: Your account with our client ECAST SETTLEMENT CORPORATION and various others." ( Id. ) Immediately below that subject line is: " For/Original Creditor: BAC" followed by the last four digits of Plaintiff's BAC account number and a statement that the current balance is $18,745.10. ( Id. ) The text of the letter, as relevant here, states:

TAKE ADVANTAGE OF THIS OPPORTUNITY!!
We are offering you a settlement of your total current balance. Upon clearance of the payment below, you will be released from the above described debt and any further obligations on this account ...

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