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Pantoja v. Portfolio Recovery Assocs., LLC

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

January 14, 2015

MANUEL PANTOJA, Plaintiff,
v.
PORTFOLIO RECOVERY ASSOCIATES, LLC, Defendant

For Manuel Pantoja, Plaintiff: Ahmad Tayseer Sulaiman, First, Matthew H. Hector, Mohammed Omar Badwan, LEAD ATTORNEYS, Daniel John McGarry, Sulaiman Law Group, Ltd., Oak Brook, IL.

For Portfolio Recovery Associates LLC, Defendant: David M Schultz, LEAD ATTORNEY, Hinshaw & Culbertson, Chicago, IL; Avanti Deepak Bakane, Palak Naimesh Shah, Hinshaw & Culbertson, LLP, Chicago, IL.

Page 744

ORDER

Robert W. Gettleman, United States District Judge.

Plaintiff Manuel Pantoja has brought a two count complaint against defendant Portfolio Recovery Associates, LLC alleging violations of the Fair Debt Collection Practices Act (" FDCPA" ), 15 U.S.C. § 1692 et seq. (Count I), and the Illinois Consumer Fraud and Deceptive Business Practices Act (" ICFA" ), 815 ILCS 505/2 (Count II). Both counts are based on a dunning letter sent to plaintiff by defendant by which defendant sought to collect on a time-barred debt. The parties have filed cross-motions for summary judgment. For the reasons described below, plaintiff's motion for summary judgment is granted as to Count I. Defendant's motion for

Page 745

summary judgment is granted as to Count II.[1]

BACKGROUND

In 1993 plaintiff applied for a credit card from Capital One Bank (U.S.) N.A. He was approved for the card but never activated the account and never used the card. Sometime in 1998 Capital One contacted plaintiff seeking to collect unpaid annual fees, activation fees and late fees.

On April 17, 2013, defendant sent plaintiff a collection letter attempting to " settle" the debt. The letter indicates that Capital One was the original creditor and sets out various " settlement options." The letter further provides:

We are offering to settle this account FOR GOOD! Life happens and at times you may fall behind on your commitments. We understand and are offering you the opportunity to lock in this settlement offer with a low down payment of $60.00. If settling this account with the options that we are offering is difficult for you, give us a call.
* * *
Please understand, we can't help you resolve this debt if you don't call, our friendly representatives are waiting. Because of the age of your debt, we will not sue you for it and we ...

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