Reyes v. Associated Credit Servs.

Full title: LAUREN CATHERINE REYES, Plaintiff, v. ASSOCIATED CREDIT SERVICES, INC.…

Court: UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Date published: Jul 6, 2020

Facts

The material facts of this case are straightforward and undisputed. At some point in 2019, Plaintiff Lauren Catherine Reyes (“Reyes”) received a letter from ACS, a debt collection company, attempting to collect a consumer debt. The letter listed Reyes’s debt balance as follows:

Principal Balance:$894.04
Interest:$0.00
Fees:$0.00
Balance Due:$894.04

There is no dispute that Reyes actually owed the debt. In August 2019, Reyes filed a lawsuit in the Pennsylvania Court of Common Pleas alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. 1692et seq. (“FDCPA”). (Doc. 1-2.) ACS removed to this court. The complaint alleges that ACS violated the FDCPA by including in the letter the above line items regarding interest and fees. (Doc. 1-2, §§ 27, 28.) According to the complaint, the letter was misleading and deceptive because by specifying that Reyes owed $0.00 in interest and fees, ACS improperly threatened or implied that it could (or would) charge interest and fees in the future. The parties agree that ACS was not permitted to charge Reyes interest.

In March 2020, ACS filed a motion summary judgment. (Doc. 12.) The motion has been fully briefed (Docs. 13, 16, 17) and is ripe for review.

Issue

Decision

For the reasons outlined above, ACS’s motion for summary judgment will be granted and the complaint will be dismissed with prejudice. An appropriate order shall follow.

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