Martin v. Trott Law, P.C.
Decision Date | 26 July 2016 |
Docket Number | Case Number 15-12838 |
Citation | 198 F.Supp.3d 794 |
Parties | Brian J. MARTIN and Yahmi Nundley, Plaintiffs, v. TROTT LAW, P.C., David A. Trott, Jane Doe, and John Doe, Defendants. |
Court | U.S. District Court — Eastern District of Michigan |
Diana Gjonaj, Paul F. Novak, Milberg LLP, Detroit, MI, Andrew J. McGuinness, Ann Arbor, MI, for Plaintiffs.
Charity A. Olson, Olson Law Group, Ann Arbor, MI, Bruce L. Segal, Joseph Aviv, Honigman, Miller, Bloomfield Hills, MI, for Defendants.
Plaintiffs Brian J. Martin and Yahmi Nundley have filed the present lawsuit, as members of a putative class, alleging that the defendants violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, et seq. , and the Michigan Regulation of Collection Practices Act (RCPA), Mich. Comp. Laws § 445.251, by sending certain letters to these consumers in an effort to foreclose their residential mortgages. They allege that the letters were misleading in several different respects, discussed below, and violated specific sections of the federal and state statutes. They have sued Trott Law, P.C. (formerly known as Trott & Trott, P.C.) and its former principal, David Trott, individually. Each defendant has filed a separate motion to dismiss the first amended complaint. The plaintiffs have filed a motion to amend their complaint a second time to change certain allegations, add two new counts, and add a plaintiff. The Court heard oral argument on these motions on March 3, 2016. The first amended complaint states claims in several of the counts for which relief can be granted against both defendants. However, counts III and IV, premised on the theory that the omission of attorney's fees from the dunning letters, and on the mistaken premise that any such fees were subject to an inapplicable statutory cap, fail to state any plausible claim for relief under either the FDCPA or the RCPA. Furthermore, plaintiff Martin's claims under the FDCPA are time-barred. The proposed amended complaint, except for counts III and IV, would not be futile, and there is no reason to disallow the other proposed additions. Therefore, the motions to dismiss will be granted in part and denied in part, and the motion for leave to file a second amended complaint will be granted.
The lawsuit is premised on the dunning letters Trott Law sent to each of the plaintiffs. Plaintiff Martin alleges that within a few days of May 3, 2012, he received the following letter on letterhead of "Trott & Trott, a Professional Corporation":
Am. Compl. Ex. A.
Plaintiff Nundley alleges that she received a similar letter within a few days of August 12, 2014, which stated:
Am. Compl. Ex. B.
Both letters began with the legend: Each of these letters, the plaintiffs allege in their amended complaint, violate specific provisions of the FDCPA and the RCPA.
In counts I and II, the plaintiffs allege that because the letters purport to be sent by an attorney, but in reality were sent by administrative personnel without any attorney review or supervision, the defendants violated section 1692e(3) of the FDCPA, 15 U.S.C. § 1692e(3) ( ), and section (a) of the RCPA, Mich. Comp. Laws § 445.252(a) ( ). In counts III and IV, they allege that the letters did not state the correct amount of the debt, because they underestimated the amounts owed by not including certain attorney's fees. See 15 U.S.C. § 1692g(a)(1) (...
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Martin v. Trott Law, P.C.
...facts of the case are discussed at length in the Court's opinion adjudicating the first round of motions. Martin v. Trott Law, P.C. , 198 F.Supp.3d 794, 797–801 (E.D. Mich. 2016). They will not be repeated here.The plaintiffs have filed a motion for judgment on the pleadings or to strike, d......
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