United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
A. GUZMÁNQ UNITED STATES DISTRICT JUDGE.
reasons stated below, Defendant's motion to dismiss 
is granted, and Plaintiff's complaint is dismissed
without prejudice. If Plaintiff can file an amended complaint
that complies with Federal Rule of Civil Procedure 11 and
addresses the deficiencies noted in this order, he may file
the amended complaint within 14 days of the date of entry of
this order. If no amended complaint is filed by the date
provided, the Court will dismiss the complaint with prejudice
and terminate the case.
filed suit against Defendant claiming that it violated the
Fair Debt Collection Practices Act (“FDCPA”) when
it sent collection letters with detachable payment coupons at
the bottom of the letter and called him, both of which
purportedly overshadowed the validation notice required by
§ 1692g of the FDCPA. Plaintiff also alleges that
Defendant oppressed, abused, and/or harassed him in
collecting the debt; used false, deceptive, or misleading
representation or means in connection with the collection of
the debt; and used unfair and unconscionable means to collect
the debt. Defendant moves the Court to dismiss the complaint
for failure to state a claim.
motion to dismiss pursuant to Federal Rule of Civil Procedure
12(b)(6) tests the legal sufficiency of the complaint, not
the merits of the allegations. To overcome a motion to
dismiss, a complaint must contain sufficient factual
allegations to state a claim for relief that is plausible on
its face, Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009), and raises the right to relief above a speculative
level, Bell Atlantic Corp. v. Twombly, 550 U.S. 544,
555 (2007). When ruling on a motion to dismiss, the Court
must accept all well-pleaded factual allegations in the
complaint as true and draw all reasonable inferences in the
plaintiff's favor. Park v. Ind. Univ. Sch. of
Dentistry, 692 F.3d 828, 830 (7th Cir. 2012).
sent Plaintiff a letter on January 9, 2019 containing the
Your DIRECTV account has been referred to Afni, Inc. for
collection. Please take this opportunity to pay your account
balance in full.
Mail in payment using payment stub below.
***Balance Due: $283.03***
(Compl., Ex. A, Dkt. # 1-1.)
to Plaintiff, he received “frequent” dunning
calls throughout January 2019. (Id. ¶ 22.) On
February 4, 2019, Defendant sent Plaintiff another letter,
which included a box on the left labeled, “What Is My
Account Information?”, stating the amount due as
$283.03. On the right, the letter stated:
Victor E Moreno:
We are making another attempt to contact you regarding your
overdue DIRECTV account. In an effort to resolve this matter
we will accept ...