Plus we . Where one of several sentences in a letter might be construed as misleading, but the subsequent sentences unequivocally remove or clarify the ambiguity there is no violation of the FDCPA."). 2011) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. A court "should freely give leave when justice so requires." If I put a change of address here for a person who doesn't live in Waterloo will it still go through? "); Soffer v. Nationwide Recovery Sys., Inc., No. Listed below are the cases that are cited in this Featured Case. Ive havent been getting mail for months and when I do its super late. Memorandum of Law in Support of Plaintiff's Motion for Leave to Amend Complaint ("Pl. 3d at 277; Vega, 2005 WL 711657, at *10 ("defendant violated FDCPA because the words `in writing' in its form debt collection letter overshadowed or contradicted the validation notice"); Diaz, 965 F. Supp. Past Address. 2d at 259 (internal citation omitted) (alteration in original) (finding that collection letter which included the language "[y]ou may notify RCS in writing within thirty days of receipt of this letter that the debt or any portion of the debt is disputed" . This liberal standard only requires that the movant provide "colorable grounds" for the relief sought. The Court now turns its attention to the instant motion. DE 18. "[E]ven if the debt collector's notice contains all the information required by statute, it will still violate Section 1692g if the letter also contains language that overshadows or contradicts other language informing a consumer of her rights." Publication 4134PDF(PDF)PDF, Low Income Taxpayer Clinic List (PDF) provides a listing of Low-Income Taxpayer Clinics. 2013). 2013) ("Although courts are divided on whether [a] breach of the least sophisticated consumer standard is a question of law or fact, the trend in the Second Circuit is to treat this question as a matter of law that can be resolved on a motion to dismiss.") Plaintiff asserts that these cases stand for the sweeping proposition that "even where a debt collector includes an accurate 1692g(a)(3) statement and does not explicitly state that disputes must be in writing, such debt collectors nonetheless violate the FDCPA where other language in the letter examined from the perspective of the least sophisticated consumer could have overshadowed or contradicted the 1692g(a)(3) statement." This would be nice. Add to cart Quick view. CBE has been in the accounts receivable management business since 1933. Lotito, 2014 WL 4659464, at *5; see Castro, 959 F. Supp. You should validate that the caller is representing one of the private collection agencies listed above. 38-39. State. See, e.g., LaFaro v. N.Y. Cardiothoracic Grp.,570 F.3d 471, 475 (2d Cir. Print USPS postage online with Stamps.com. 2009); Matthews v. City of N.Y.,889 F.Supp.2d 418, 425 (E.D.N.Y. You wont, cant get Covid 19 by answering the phones to explain why. Id. Can a private collection agency take legal action against me if I do not pay my tax bill? I therefore find that the letter was not misleading or even ambiguous. 1. 2505, (internal citations omitted). All information provided through this site is intended to be accurate. Po Box 2635, Waterloo, IA 50704-2635;" and (2) "Call us at (800) 348-3304 to discuss paying with a check by phone, credit card or debit card." Am. cases with apparent approval in a recent summary order. Public Collection Box 999 Home Plz. To determine what constitutes sufficient prejudice to warrant denial of a party's request to amend its pleading, "the Court considers whether the amendment would: (i) require the opponent to expend significant additional resources to conduct discovery and prepare for trial; (ii) significantly delay the resolution of the dispute; or (iii) prevent the plaintiffs from bringing a timely action in another jurisdiction." Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Directions. Filled out an address change form. 1998)); Sorel, 2012 WL 3596487, at *4; Quinteros v. MBI Associates, Inc.,999 F.Supp.2d 434, 437 (E.D.N.Y. https://data.census.gov/cedsci/all?q=Power Engineering & Mfg. Mar. . 21 Oct 2010. The former omission could render a multiple-address collection confusing, while the labeling of one of the addresses as pertaining only to payments would compel disqualification of that address as a dispute resolution address. . Aug. 16, 2021) (two consolidated cases presenting identical collection letter language, one dismissing claim based under Rule 12(b)(6) and one under Rule 56). Notwithstanding Plaintiff's overly broad reading of these cases, the Court finds, after conducting its own review, that each case stands for a narrower holding that does not provide direct support for Plaintiff's theory. PO BOX 2547 Waterloo, Iowa, 50704 . Rule 15(a) of the Federal Rules of Civil Procedure provides that in cases where a party cannot amend as a matter of course, "a party may amend its pleading only with the opposing party's written consent or the court's leave." Of Suffolk,29 F.Supp.2d 134, 137-38 (E.D.N.Y. What can I expect from the private collection agency? As such, at this point in the litigation, the Court is not concerned with the merits and Plaintiff is not required to "establish a probability it would prevail on the merits in order for the court to grant its motion to amend." 2551 Logan Ave, po box 2726. Defendant maintains that this phrase "merely provides an address where written disputes may be sent. This is unacceptable. In reading these phrases together, it is apparent that they are susceptible to alternative interpretations when viewed from the perspective of the least sophisticated consumer. Wondering what is happening. Black Hawk County Human Services is located at 1407 Independence Ave # 2 in Waterloo, Iowa 50703. we have not had mail for weeks. 5-6.2 Defendant, an entity with its principal place of business in Cedar Falls, Iowa is a "debt collector" within the meaning of the FDCPA since it is primarily engaged in "a business the principal purpose of which is the collection of debts" and because it "uses an instrumentality of interstate commerce or the mails" in order to engage in the direct or indirect collection of debts. 3d at 278. After they send that letter, the PCA will call you to help you resolve your account. This is a necessity. . And the payment dispute address itself, as noted above, could not be more closely tied to the dispute notice than it is. IRS . What is your Industry (required) I've never seen such a poor service. 425 Cedar Street, Suite 320 PO Box 1253 . 47-3373953. See Grace v. Rosenstock, 228 F.3d 40 (2d Cir. The Second Circuit has not made an analogous pronouncement, but it did cite . DE 1. We have not received mail but twice on EASTON AVENUE but twice in the last two weeks I have important papers and credit cards that been sent and have not received them. Id. Help is also available from: Note: The decision to obtain assistance from any of these organizations or individuals will not result in the IRS giving preferential treatment in the handling of the issue, dispute or problem. Box 2217 Waterloo, IA 50704 . Machs. 2d at 238; Wyler, 2006 WL 2299413, at *10; Harrison v. NBD Inc.,968 F.Supp. Am. Feb. 22, 2019) (the law of the case doctrine is "driven by considerations" that include "judicial economy"); Weitzman v. Stein, 908 F.Supp. May 24, 2004) (Rule 15(a) "provides for a liberal amendment of pleadings."). 2012); Clomon, 988 F.2d at 1319. ." EIN for payable organization: 47-3373953 Close. County. BBB Rating: A (319) 234-6686. See UMG Recordings, Inc. v. Lindor, No. UMG, 2006 WL 3335048, at *2; Balk, 2013 WL 6990767, at *5; Golden Trade, S.r.L. xy\W8~}'=l$E AYBBT*b The party opposing the motion to amend carries the burden to establish that one or more of the above factors would cause it substantial prejudice thus necessating denial of the motion. 179, 185 (E.D.N.Y. What is going on at the Waterloo post office? 1998)). This claim was not in plaintiff's original complaint. Collections Agencies. 1692 et seq. Phone Numbers. . P. 15(a)); Grace v. Rosenstock,228 F.3d 40, 56 (2d Cir. 26-33. In short, despite Plaintiff's assertion that the phrase "Call us at (800) 348-3304 to discuss paying with a check by phone, credit card or debit card" did not also explicitly advise the debtor that he could use the same telephone number to dispute the debt, such language did not overshadow the validation notice nor would it lead the least sophisticated consumer to be confused or uncertain as to his right to dispute the debt which is clearly set forth in the validation notice itself. to grow your business. 32, 33 (S.D.N.Y. Id. PO Box 178 Waterloo, Iowa 50704. Now we have mail PILING UP. Publication 594, The IRS Collection Process. Carl. Please inform the weekday carriers to bring our packages to our door, if they're too big for our standard sized mail box. "); Lotito, 2014 WL 4659464, at *4 (citing cases). . Box 2217 Products and Services; Employment; Resource Library. Box 2217 Waterloo, IA 50704 800-910-5837. In addition, defendant argues that law of the case should not apply because there have been decisions in this district subsequent to the Magistrate Judge's allowance of the amendment that have granted Rule 12(b)(6) or summary judgment motions involving very similar collection letters. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 100% Free! In its first five years of operation, Aspro, Inc. was . ConServe P.O. NAME: Mr. Don M Reed. Lotito, 2014 WL 4659464, at *8 n. 4 (quoting Gabriele, 503 F. App'x at 94; see Abramov, 54 F. Supp. What do I do? B. 26-33, presents a closer question. . Box 6000 1827 Ansborough Ave Waterloo, IA 50704. THE CBE GROUP, INC., Defendant. Sys., Inc.,308 F.3d 188, 190 (2d Cir. Its almost 3:00 today, Saturday, and mail has been out all day. See UMG, 2006 WL 3335048, at *2; Slavin v. Benson,493 F.Supp. PO Box 2714. In determining whether a collection letter violates the FDCPA, courts in the Second Circuit utilize "the least sophisticated consumer" standard. Visit our Links Page for Holiday Schedule, Change of Address, Hold Mail/Stop Delivery, PO Box rentals and fees, and Available Jobs. The IRS stressed that it always notify a taxpayer before transferring their account to a collection agency. PO Box 3136. In performing this analysis, a court is not required to make a final determination on the merits of a proposed claim or defense, but instead, must only "satisfy itself that [the claim or defense] is colorable and not frivolous." NOTICE TO THE PUBLIC The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. ." Krupski v. Costa Crociere S. p. A., 130 S . Waterloo, IA 50701. Box 307 Fairport, NY 14450-0307 1-844-853-4875; Performant of Livermore, CA P.O. Compl. Albion, NY 14411 . Therefore, "[i]t does not follow that simply because a collection letter instructs a consumer to contact a debt collector that the validation notice is necessarily overshadowed or contradicted." As stated above, alleged violations of Section 1692e, similar to its Section 1692g counterpart, are analyzed pursuant to the least sophisticated consumer standard. Siong calls Waterloo, IA, home. . R. CIV. Citicorp Credit Services, Inc. Payment Processing Center. 's Reply at 8 (internal citation omitted). Jacobson v. Healthcare Fin. This argument fails because if the least sophisticated consumer would be paralyzed into inaction, as plaintiff contends, then no letter would ever reach defendants. "[C]ommunications and practices that could mislead a putative-debtor as to the nature and legal status of the underlying debt, or that could impede a consumer's ability to respond to or dispute collection, violate the FDCPA." FED. Unorganized. What private collection agencies are currently under contract with the IRS and may contact me? Fin., No. NTEE code info. Provide the payment information the employee requests. We get some mail delivered to our new house, some to our old house, some that never shows up, and some that goes to a different town. 5-15 (noting that Plaintiff is a natural person alleged to have owed a debt and that Defendant "is a person who uses an instrumentality of interstate commerce or the mails in a business the principal purpose of which is the collection of debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another") (quoting 15 U.S.C. Hernandez v. Immortal Rise, Inc., No. v:vqietout:Z{`3'ss=s$@ ! PO BOX 2547. the required 15 U.S.C. What the hell is going on???!!! . 2003) (letter instructing the consumer to contact creditor for payment purposes or with questions about the account or contact debt collector to dispute the debt did not overshadow or contradict the validation notice); Wyler v. Computer Credit, Inc., 2006 WL 2299413, at *10 (E.D.N.Y. Is there an organization outside the IRS that can provide tax assistance for free or a nominal fee? Need a self storage unit in Waterloo, IA for your big and small items? P.O. circuit courts, as well as a number of district courts in this Circuit, read a materiality requirement into the FDCPA's prohibition of false, deceptive, or misleading practices in the collection of a debt." Can I Hire Multiple Collection Agencies at One Time? Limited services due to covid caution appointments only and working well. It has no other purpose in the letter except the implementation of that instruction. Although the holding of the Magistrate Judge occurred in the context of a motion to amend, the standard for denying amendment on the ground of futility is essentially the same as that for failure to state a claim under Rule 12(b)(6). My household hasnt received mail in 3 days. at 360 ("Some courts have incorporated a materiality prong into th[e] analysis" under Section 1692e); Castro, 959 F. Supp. In Abramov, in the context of a motion to dismiss, the Court reviewed a debt collection letter which, in addition to the mandatory Section 1692g validation notice, also included the following statement: "If you feel you are or have been a victim of Theft of Identity, please follow the instructions above to dispute the debt to us in writing within 30 days of this notice and please call AT & T at 1-866-718-2011." The usual guy that delivers are Mail really needs to get it together, he will deliver are Mail then 30 minutes later he will come back and deliver something else! Panther Partners, Inc. v. Ikanos Communications, Inc.,681 F.3d 114, 119 (2d Cir. Berger v. Suburban Credit Corp., No. A referral system operated by a state bar association, a state or local society of accountants or enrolled agents or another nonprofit tax professional organization. 2012). The collection letter upon which plaintiff brings this lawsuit, together with the payment coupon with which to send a payment, appeared as follows: Plaintiff's complaint is that there are three addresses for the collection company, defendant CBE Group, Inc., which appear in four places: (1) "1309 Technology Pkwy, Cedar Falls, IA," in the top left corner of the letter; (2) PO Box 2635, Waterloo, IA, immediately following the dispute notice and at the top left of the payment coupon; and (3) defendant's "Payment Processing Center, PO Box 2038, Waterloo, IA," appearing in the bottom right of the payment coupon. Overnight 1827 Ansborough Ave. Dealer and consumer payoff address. In addition, Plaintiff alleges that the collection letter violated Section 1692e because it was "reasonably susceptible to an inaccurate reading concerning Plaintiff's right to dispute the debt by something other than in writing" and was thus "deceptive within the meaning of the FDCPA." v. Cty. Id. Get a 4 week trial if you StartNow. If you own this collection agency and there is a need to update information presented on this page, kindly email us at directory@NexaCollect.com. 2d at 58 (Section 1692e). Sep. 11, 2013)); see Barshay v. Specified Credit Assocs. However, where a proposed amendment is clearly frivolous or advances a claim that has no merit, the amendment is considered futile and will be rejected. Plaintiff Anthony M. Vetrano ("Plaintiff" or "Vetrano") brings the instant action against Defendant The CBE Group, Inc. ("Defendant" or "CBE") alleging violations arising under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 19, 2007) (finding that where "settlement offer was clearly distinguishable from the validation notice, the settlement offer did not overshadow or contradict the validation notice") (internal quotation and citation omitted). As such, the Court turns its attention to whether Plaintiff's amended claims are futile, namely, whether they fail to state the elements of a violation of the FDCPA. USA People Search aims at providing important information, like tenant names and phone numbers for addresses like po box 2464, waterloo, IA.Furthermore, with the variety of information we offer about people with the address po box 2464, waterloo, IA, we know you will . I hold that when these addresses are read in context of the entire letter, even the least sophisticated consumer would understand where to send a dispute letter. All Rights Reserved. The corporation number is #592803. FamilyTree Now.com FamilyTree Now. Before you are contacted by a private collection agency, you will receive two letters. This post office can't find anything when I go to ask about a missing box that was supposed to be delivered Dec. 10. still not found. 343, 361 (E.D.N.Y. Phone Number (319) 424-3943 Call Now! Lickteig Dennis in Waterloo 50704 and our office is located at Po Box 1942 and you can contact us via email, fax or phone number (319)233-3942. For additional information, you can also view the IRS video Private Collection of Overdue Taxes. How will a private collection agency initially contact me about my tax bill? 2011. A member of the HOMELINK team will review your submission and get back to you soon. The frequent overlap of the standards for Rule 12(b)(6) and Rule 56 motions in FDCPA cases is important here because plaintiff's first argument is that the issue raised by defendant's motion has already been decided in this case.