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Moreno v. AFNI, Inc.

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

June 27, 2019

Victor Moreno, Plaintiff,
v.
AFNI, Inc., Defendant.

          MEMORANDUM OPINION AND ORDER

          RONALD A. GUZMÁNQ UNITED STATES DISTRICT JUDGE.

         For the reasons stated below, Defendant's motion to dismiss [8] 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.

         STATEMENT

         Plaintiff 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.

         A 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).

         Defendant sent Plaintiff a letter on January 9, 2019 containing the following language:

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.)

         According 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 ...

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