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Motion to Dismiss Denied in FDCPA Case


In December of 2015, Latonia M. Foster filed a lawsuit against Allianceone after receiving a collection letter that violated Section 1692e of the Fair Debt Collection Practices Act (FDCPA). Soon after, the defendant filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), which attempted to dismiss the lawsuit for “failure to state a claim upon which relief can be granted.” A Memorandum and Opinion in the case of Foster v. Allianceone Receivables Management, LLC by the U.S. District Court Northern District of Illinois denied Allianceone’s motion.

Foster alleged that the letter she received contained false or misleading information, specifically when it came to language regarding the IRS that was meant to intimidate. The plaintiff argued that this language was a “collection ploy designed to deceive or mislead” consumers into believing that the IRS might be involved in their debt when there are no circumstances under which this could be true. The court agreed with this position. Stating that a person of “limited commercial savvy” and “modest education” could plausibly be mislead by such statements. The lawsuit will be allowed to continue – a victory for the consumer.

Source: US District Court in Illinois Finds Disclosure of Potential Tax Consequences for Settling an Account is Misleading to Consumer

The FDCPA exists to protect consumers from deceptive and/or harassing debt collection tactics. If you believe your consumer rights have been violated, you should have your case evaluated by a Chicago consumer lawyer at Atlas Consumer Law. Call us at (312) 313-1613 to schedule a consultation.