United States District Court, E.D. Wisconsin
ROBIN BETZ, individually and on behalf of all others similarly situated, Plaintiff,
MRS BPO, LLC, Defendant.
DECISION AND ORDER
ADELMAN UNITED STATES DISTRICT JUDGE
plaintiff, Robin Betz, brings this action against MRS BPO LLC
(‘MRS”) under the Fair Debt Collection Practices
Act (“FDCPA”). Before me now is MRS's motion
to dismiss the complaint for failure to state a claim upon
which relief can be granted. See Fed. R. Civ. P.
to the allegations of the complaint, which I accept as true
for purposes of this motion, the plaintiff is a
“consumer” and MRS is a “debt
collector” within the meaning of the FDCPA. On May 26,
2016, MRS mailed a debt-collection letter to the plaintiff
regarding a debt allegedly owed to Verizon Wireless. The
letter, which is attached to the complaint, states in
relevant part as follows:
Dear ROBIN BETZ,
The above referenced creditor has placed your account with
our office for collection. We recognize that sometimes
circumstances or events can make it difficult to satisfy your
Resolving a long overdue debt is never easy. Often the
hardest part is taking the first step. We are ready to assist
you to find a solution that is both fair and reasonable. You
are eligible for a discount offer. We are not obligated to
renew this offer.
Simply pay 2 monthly payment(s) totaling $858.14. Your first
payment of $429.07 is due by 07/10/2016. Subsequent
payment(s) are due by the 10th of the month until the offer
is paid in full.
We have several payment options available . . . .
IMPORTANT CONSUMER INFORMATION
Unless you notify this office within 30 days after receiving
this notice that you dispute the validity of the debt or any
portion thereof, this office will assume this debt is valid.
If you notify this office in writing within 30 days from
receiving this notice that you dispute the validity of this
debt or any portion thereof, this office will obtain
verification of the debt or obtain a copy of a judgment and
mail you a copy of such judgment or verification. If you
request of this office in writing within 30 days after
receiving this notice, this office will provide you with the
name and address of the original creditor, if different from
the current creditor.
MRS BPO, L.L.C.
Ex. A. Because the total amount of the debt as described in
the letter was $1, 144.06, MRS's “discount offer,
” which offered to settle the account for $858.14,
represented a 25% discount off the total amount owed.
letter, the notice that appears below the heading
“Important Consumer Information” is something
that the FDCPA requires debt collectors to send to consumers
within five days after it first makes contact with him or
her. See 15 U.S.C. § 1692g(a). The information
that this initial notice must contain includes, among other
things, a statement that unless the debtor “disputes
the validity of the debt” within 30 days the debt
collector will assume that the debt is valid. If the consumer
requests validation within 30 days of receiving the letter,
the debt collector must “cease collection of the debt .
. . until the [requested information] is mailed to the
consumer.” Id. § 1692g(b). However,
unless and until the consumer requests validation (or other
information the debt collector must provide), the debt
collector may, within the 30-day ...