Love Beal and Nixon

Full title: HEATHER JONES aka Heather Dempsey, individually and on behalf of all others similarly situated PLAINTIFF v. LOVE, BEAL & NIXON, P.C. and MIDLAND FUNDING LLC DEFENDANTS

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION

Date published: Oct 16, 2019

Facts

The plaintiff filed the instant action on January 16, 2019, on behalf of herself and a proposed class consisting of all others similarly situated. ECF No. 1. Plaintiff asserts two claims under the Fair Debt Collection Practices Act, 15 U.S.C §§ 1692et seq. (“FDCPA”), both of which are based on a January 18, 2018 letter (“LBN letter”) Plaintiff received from Separate Defendant Love, Beal & Nixon, P.C. (“LBN”) regarding a debt she owed to Synchrony Bank. ECF No. 1, ¶¶ 24-25, 27.

First, Plaintiff alleges that Defendants “made deceptive and misleading representations when they sought to collect a debt from Plaintiff but failed to complete an accurate description of Plaintiff’s rights in violation of 15 U.S.C. §§ 1692 and 1692e(10).” ECF No. 1, ¶ 39. Second, Plaintiff alleges that the LBN letter failed “to make any mention of [Plaintiff’s] ability to receive a copy of a judgment and have it mailed to her attention” as required by 15 U.S.C. § 1692g. In sum, both of Plaintiff’s claims are based on the supposed omission from the LBN letter of a statement advising her of the right to request and receive a copy of the judgment against her.

Issue

Decision

Because the Court finds that Plaintiff lacks standing, the instant motion (ECF No. 11) is GRANTED. Accordingly, this matter is DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED

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