Hammett v. Portfolio Recovery Assocs.
| Decision Date | 16 August 2022 |
| Docket Number | 4:21-cv-00189-LPR |
| Parties | LAURA LYNN HAMMETT PLAINTIFF v. PORTFOLIO RECOVERY ASSOCIATES, LLC; DOES 1-99 DEFENDANTS |
| Court | U.S. District Court — Eastern District of Arkansas |
CONSOLIDATED ORDER[1]
Pro se Plaintiff Laura Lynn Hammett brings myriad federal and state law claims against Defendant Portfolio Recovery Associates, LLC (“PRA, LLC”).[2] Ms. Hammett alleges that PRA, LLC (1) violated numerous provisions of the Fair Debt Collection Practices Act, (2) violated the Telephone Consumer Protection Act, and (3) committed several torts under Arkansas law.[3]
This Order addresses three pending motions. First, the Court addresses PRA, LLC's Motion for Summary Judgment.[4] The Court GRANTS this Motion. Second, the Court addresses Ms. Hammett's Motion to Amend the First Amended and Supplemented Complaint.[5] The Court GRANTS in part and DENIES in part this Motion. Third, the Court addresses Ms Hammett's Motion for Partial Summary Judgment.[6] The Court DENIES this Motion.
BACKGROUND[7]
In 2001, Ms. Hammett (then Laura J. Lynn) was living in California and opened a credit card account with Capital One Bank.[8] The account number ended in -6049.[9] In 2010, Ms. Hammett became delinquent on this account.[10] As of April 7, 2011, Ms. Hammett was past due on seven monthly payments.[11] The account balance was $1,916.05.[12]
On April 8, 2011, Capital One charged off the amount that Ms Hammett owed on this account.[13] The term “charge off” means “[t]o treat (an account receivable) as a loss or expense because payment is unlikely” or “to treat as a bad debt.”[14] There are companies, like PRA, LLC, that buy charged-off accounts from credit card companies.[15] On November 19, 2013, PRA, LLC bought Capital One's “rights and interests in the -6049 account . . . .”[16] As part of this purchase, Capital One transmitted to PRA, LLC “load data” associated with the account.[17] Load data provides specific details about an account that a company like PRA, LLC buys from Capital One.[18] The load data that Capital One provided to PRA, LLC with respect to account number -6049 contained personal information about Ms. Hammett.[19] It listed Ms. Hammett's prior name, Laura J. Lynn.[20] It listed an address at which Ms. Hammett briefly lived, 5757 Erlanger Street, San Diego, California 92122-3801.[21] The load data listed Ms. Hammett's cell phone number that ends in -6000 and has an area code geographically tied to southern California.[22] The load data also listed Ms. Hammett's birthdate and social security number.[23]According to the load data, the charge-off amount was $1,916.05 and the post-charge-off interest amount was $381.58.[24] These amounts resulted in a “current total balance” of $2,297.63.[25] The instant case arises from PRA, LLC's attempt to collect this amount.
On December 3, 2013, PRA, LLC mailed a letter to Ms. Hammett addressed to 5757 Erlanger Street, San Diego, California 921223801.[26] The letter stated that PRA, LLC had purchased the -6049 account from Capital One.[27] The letter stated that the amount of the debt was $2,297.63.[28] The letter told Ms. Harnmett that (1) she had thirty days to inform PRA, LLC that she wanted to dispute the debt, and (2) if she did not do so, PRA, LLC would consider the debt valid.[29]
PRA, LLC also tried to contact Ms. Hammett by phone.[30] On December 8, 2013, PRA, LLC called Ms. Hammett's phone number ending in -6000.[31] Ms. Hammett did not answer.[32]PRA, LLC did not leave a message.[33] On December 12,2013, PRA, LLC called the -6000 number again.[34] Ms. Hammett answered but did not identify herself.[35] PRA, LLC asked if Ms. Hammett was available.[36] Ms. Hammett said, [37] PRA, LLC apologized and asked if Ms. Hammett worked at the business.[38] Ms. Hammett did not answer PRA, LLC's question.[39] Instead, the call abruptly ended.
On December 18, 2013, PRA, LLC learned that the December 3, 2013 letter was returned as undeliverable because of a zip-code error in the address.[40] On December 19, 2013, PRA, LLC changed the address's “zip code from ‘921223801' to ‘92122-3801,' and immediately resent the same letter.”[41] On February 5, 2014, PRA, LLC sent another letter to the same address.[42] This letter, too, contained information concerning PRA, LLC's purchase of the debt and Ms. Hammett's options on responding to the debt.[43] The letters sent on December 19, 2013, and February 5, 2014, were not returned as undeliverable.[44] Ms. Hammett “did not request validation of her debt--or otherwise respond [to the letters] in any way, ever, because [unbeknownst to PRA, LLC] she did not receive the letters.”[45]
After PRA, LLC was told the -6000 phone number associated with Ms. Hammett's account was a business number, PRA, LLC did not call that number again for nearly seven years.[46] PRA, LLC did, however, call other numbers in reference to Ms. Hammett's debt.[47] From March 24, 2014, through July 14, 2015, PRA, LLC made twenty-nine calls to a phone number ending in -3337.[48] PRA, LLC did not reach Ms. Hammett with any of these calls.[49]
In 2015, Ms. Hammett moved from California to a cabin in Witts Springs, Arkansas.[50] Ms. Hammett “intentionally did not disclose to most people she was moving from California to Arkansas.”[51] At the cabin, Ms. Hammett had a landline ending in -2653.[52] PRA, LLC somehow learned of this phone number.[53] Between March 13, 2017, and March 2, 2018, PRA, LLC called the -2653 number forty-four times.[54] Most of these calls went unanswered.[55] Some didn't. On April 6, 2017, for example, an unidentified person answered PRA, LLC's call.[56] The PRA, LLC representative explained that “[t]his is Cindy Graham calling on a recorded line for Laura Lynn.”[57]The call recipient asked Ms. Graham, “Who are you with?”[58] Ms. Graham said she was “calling from Portfolio Recovery Associates.”[59] The call recipient said, “We don't accept any recorded calls on this line.”[60] That person also told the PRA, LLC representative to destroy any recording.[61]The PRA, LLC representative said, [62] On August 24, 2017, PRA, LLC had another brief conversation with an unidentified person on the other end of the -2653 line.[63] Here's what was said:
On a few other calls, someone answered, a PRA, LLC representative stated his or her name, the representative said that he or she was calling on a recorded line, and then the call abruptly ended.[65]Ms. Hammett does not recall ever speaking with PRA, LLC on any of these calls.[66] Ms. Hammett moved out of the Witts Springs cabin in February of 2018.[67]
Between March 9, 2018, and May 4, 2018, PRA, LLC called two phone numbers associated with Ms. Hammett's account.[68] PRA, LLC made twenty-six calls to a landline ending in -8660.[69]At some point in time, Ms. Hammett shared this landline with her former fiancé, Michael Williams.[70] PRA, LLC also called the -2653 number (the Witts Springs cabin landline) thirteen times.[71] PRA, LLC did not make contact with anyone at either number.[72]
Between May 5, 2018, and March 7, 2020, PRA, LLC called two phone numbers associated with Ms. Hammett's account.[73] PRA, LLC called a phone number ending in -6822 once.[74] Ms. Hammett does not recall this phone number.[75] PRA, LLC called the -2653 number (the Witts Springs cabin landline) 120 times.[76] PRA, LLC did not communicate with Ms. Hammett through these calls.[77]
Between March 10, 2020, and November 17, 2020, PRA, LLC called three phone numbers associated with Ms. Hammett's account.[78] PRA, LLC called the -2653 number (the Witts Springs cabin landline) 141 times.[79] PRA, LLC called a phone number ending in -1148 once and a phone number ending in -1644 once--a total of two calls.[80] The -1644 number did not belong to Ms. Hammett.[81] Ms. Hammett is unfamiliar with the number ending in -1148.[82] PRA, LLC did not speak with anyone on the calls made to these phone numbers.[83] On November 18, 2020, PRA, LLC (for the first time since December of 2013) called Ms. Hammett's phone number ending in -6000.[84] Ms. Hammett picked up.[85] Ms. Hammett recorded the call.[86] At the beginning of the call, PRA, LLC informed Ms. Hammett that it was calling on a recorded line.[87] PRA, LLC said it was calling for Laura Lynn and asked if Ms. Hammett “want[ed] the name of the company.”[88] Ms. Hammett said, “Yes, please.”[89] PRA, LLC identified itself as “Portfolio Recovery Associates.”[90] Ms. Hammett then told PRA, LLC that it was speaking with “Laura.”[91] PRA, LLC said it wanted to make sure it was calling “the correct Ms. Lynn.”[92] PRA, LLC told Ms. Hammett a birthdate and asked if it was her birthdate.[93] Ms. Hammett said she wanted more information about PRA, LLC before giving personal information about herself.[94]PRA, LLC told Ms. Hammett it was calling in “regards to a personal business matter” and “to continue, [PRA, LLC] would have to verify” that it was talking to the right Ms. Lynn.[95]
Ms Hammett responded by asking PRA, LLC's name and asked if PRA, LLC was “an LLC or a corporation.”[96] PRA, LLC first said it was a company and, upon further questioning from Ms. Hammett, then said it was an LLC.[97] Next, PRA, LLC and Ms. Hammett reached an impasse, with Ms. Hammett asking what the call was about and PRA, LLC saying that it could not...
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