United States District Court, N.D. Illinois, Eastern Division
OPINION AND ORDER
L.ELLIS, UNITED STATES DISTRICT JUDGE
First Choice Assets, LLC (“FCA”) is a debt
collector that called Plaintiff Yenma Prendergast twice,
attempting to identify her and discuss an outstanding loan
they were trying to collect. The FCA employees did not
identify their employer nor explain that they were trying to
collect a debt during either of the phone calls. Prendergast
filed a lawsuit against FCA, arguing that its phone calls
violated the Fair Debt Collection Practices Act
(“FDCPA”), 15 U.S.C. § 1692, et
seq. The parties have filed cross motions for summary
judgment. Because the Court finds that there is no genuine
issue of material fact preventing it from determining that
FCA's communications with Prendergast violated two
provisions of the FDCPA, the Court grants summary judgment in
favor of Prendergast with regard to those two violations.
incurred a debt with JB Robinson Jewelers (the
“Debt”) and stopped paying the account in August
2016. JB Robinson Jewelers sold the Debt to DNF Associates
(“DNF”) at some point prior to December 2016. DNF
then hired FCA to collect the Debt.
contacted Prendergast twice regarding the Debt. First, on
December 2, 2016, an FCA employee named Louis called
Prendergast. Without identifying himself beyond his first
name, Louis told Prendergast that he wanted to confirm her
address. Prendergast asked Louis for the purpose of his call,
and Louis stated “[i]t's in regards to a letter
that we are supposed to be mailing.” Doc. 16 ¶ 14.
Prendergast again asked Louis why he was calling, and he
responded “[w]ell as far as the contents of the
document are concerned unfortunately the only way I can
disclose them would be if I uh know who I am speaking with
first uh and I have to confirm some information uh yea so
that's it, either I you know I can mail it to the address
we have or its [sic] up to you.” Id.
Prendergast responded, “[y]ou can go head and mail it
I'm not going to disclose any information.”
Id. After the first call, Louis noted in the FCA
computer system: “Called Out/Talked to Other:
[Prendergast's phone number]- female would not disclose
any info whatsoever, wouldn't even say whom she
was.” Id. ¶ 16.
FCA employee Jennifer Heebner called Prendergast on December 6,
2016. Heebner identified herself only by name, and stated
that she was calling to “confirm location information
for Yenma Prendergast.” Id. ¶ 18.
Prendergast asked who was calling, and Heebner repeated only
that she was Jennifer Heebner. Id. The conversation
continued as follows:
“Yenma: Ok, this is regarding?
Caller: It's for the proper delivery of a required letter
Yenma: And this letter is regarding?
Caller: Um well I the thing is I am not sure who I am
speaking to if I know who I am taking [sic] to or if this is
Yenma I would be more than happy to let you know what its
regarding, but I can can't give out her information, to a
third party its [sic] against the law, can I ask who I am
Yenma: Ok. This is Yenma.
Caller: Oh ok great than [sic] I would be more than happy to
let you know what it is. The address I have on file is 11134
S. Ave. E, Chicago, IL 60617, is that still a good address
Yenma: You can go ahead and send whatever you need to send
Caller: Ok cuz there actually has already been a required
letter already sent out to that address and we did receive
[sic] any type of a response, so that is why we are
contacting you directly. Now if you like I can let you know
exactly what that letter was regarding but I would first have
to confirm the last 4 of your SS for security purposes.
Yenma: I would not I would not like to give that info over
Caller: I have your whole social, if you want Ill. [sic] give
you the first 5 but I do need for you to confirm the last 4