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Mullikin v. Portfolio Recovery Associates, LLC

United States District Court, S.D. Indiana, Indianapolis Division

February 11, 2014

KARRIE MULLIKIN, Plaintiff,
v.
PORTFOLIO RECOVERY ASSOCIATES, LLC., Defendant.

ORDER

JANE MAGNUS-STINSON, District Judge.

This action was brought by Plaintiff Karrie Mullikin under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et. seq. Presently pending before the Court is Defendant Portfolio Recovery Associates, LLC's ("PRA") Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). [Dkt. 10.] For the reasons that follow, PRA's Motion to Dismiss is DENIED.

I.

STANDARD OF REVIEW

To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to "state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A complaint will likely be found sufficient under the plausibility requirement if it gives "enough details about the subject-matter of the case to present a story that holds together." Swanson v. Citibank, N.A., 614 F.3d 400, 404 (7th Cir. 2010). Alternatively, a plaintiff's claim will be found insufficient if he "plead[s] facts that show that he has no legal claim." Atkins v. City of Chicago, 631 F.3d 823, 832 (7th Cir. 2011). When evaluating the sufficiency of a complaint for the purposes of a motion to dismiss, the Court must "construe [the complaint] in the light most favorable to the nonmoving party, accept well-pleaded facts as true, and draw all inferences in [the non-movant's] favor." Reger Dev., LLC v. Nat'l City Bank, 592 F.3d 759, 763 (7th Cir. 2010).

II.

BACKGROUND

As required by the standard of review, the Court draws the relevant facts from Ms. Mullikin's Complaint. Ms. Mullikin incurred a debt that was primarily for personal, family, or household purposes from JC Penney/GE Capital Retail Bank. [Dkts. 1-2 at 1; 1-3 at 1.] After defaulting on her debt, the debt was transferred to PRA, a debt collection agency. [Dkts. 1-2 at 1; 1-1 at 1.] On October 11, 2012, PRA sent Ms. Mullikin a dunning letter specifying $2, 100.41 as the balance owed. [Dkt. 1-3 at 1.] The letter also indicated "[i]nterest continues to accrue on this account until the account is satisfied." [ Id. ]

On May 29, 2013, Ms. Mullikin filed for Chapter 13 bankruptcy protection. [Dkt. 1-4 at 3.] PRA filed a proof of claim form with the bankruptcy court on August 22, 2013, denoting that Ms. Mullikin owed $2, 099.49. [ Id. at 1-2.] On its proof of claim form, PRA left a checkbox unmarked, which it could have checked if it wanted to signify that "the claim includes interest or other charges in addition to the principal amount of the claim." [ Id. at 1.]

Ms. Mullikin filed this action against PRA alleging it violated the FDCPA by misrepresenting to her in its October 11, 2012, dunning letter that interest would continue to accrue. [Dkt. 1 at 3-4.] In response, PRA moved to dismiss Ms. Mullikin's Complaint. [Dkt. 10.]

III.

DISCUSSION

Ms. Mullikin claims that PRA violated two provisions of the FDCPA. First, PRA misrepresented to her that interest would continue to accrue on her debt despite it never intending to actually collect interest. [Dkt. 1 at 4.] Second, PRA misrepresented the amount of debt owed by falsely representing that interest would continue to accrue. [ Id. ] For its part, PRA argues that Ms. Mullikin's claims must fail because PRA's decision not to request collection on both the principal and interest on its proof of claim form does not mean that Ms. Mullikin never actually owed interest on the debt or that PRA misrepresented that interest would continue to accrue in its dunning letter. [Dkt. 11 at 4-5, 7-8.]

Congress passed the FDCPA to "eliminate abusive debt collection practices." 15 U.S.C. § 1692(e). Under the FDCPA, debt collectors are held civilly liable for violating certain prohibited debt collection practices. See 15 U.S.C. § 1692k. Two such prohibited practices are "[t]he threat to take any action that... is not intended to be taken, " 15 U.S.C. § 1692e(5), and "[t]he ...


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