Wright v. Credit Bureau of Georgia, Inc.

Citation548 F. Supp. 591
Decision Date30 September 1982
Docket NumberCiv. A. No. C81-2338A.
PartiesJuanita Ann WRIGHT v. The CREDIT BUREAU OF GEORGIA, INCORPORATED, and Martha Phillips, in her capacity as agent for The Credit Bureau of Georgia, Incorporated.
CourtUnited States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia

COPYRIGHT MATERIAL OMITTED

Donald M. Coleman, Decatur, Ga., for plaintiff.

G. Lee Garrett, Jr. of Hansell, Post, Brandon & Dorsey, Atlanta, Ga., for defendants.

ORDER

RICHARD C. FREEMAN, District Judge.

Plaintiff alleges in this action that the defendants have violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692o. The action is before the court on the defendants' motion for summary judgment, Rule 56, Fed.R.Civ.P., and the plaintiff's motion for partial summary judgment on the issue of liability. Id.

I. The FDCPA

In response to widespread national concern over abuses by some debt collectors, Congress in 1977 enacted the FDCPA, which is designed "to eliminate abusive practices, not disadvantage ethical debt collectors, and promote consistent state action." S.Rep.No.382, 95th Cong., 1st Sess. 7, reprinted in 1977 U.S.Code Cong. & Ad. News 1695, 1701. Among other things, the FDCPA expressly prohibits many harassing, deceptive, and unfair debt collection practices, including the use of obscene language or threats of violence, impersonation of government officials, misrepresentation of a consumer's legal rights, and simulation of court process. Id. at 4. Moreover,

in addition to its specific prohibitions, the FDCPA prohibits in general terms any harassing, unfair, or deceptive collection practice. This will enable the courts, where appropriate, to proscribe other improper conduct which is not specifically addressed.

Id. The FDCPA, like many other consumer protection acts, is "primarily self-enforcing." Id. at 5; cf. McGowan v. King, Inc., 569 F.2d 845, 848 (5th Cir. 1976) (scheme of Truth in Lending Act, 15 U.S.C. § 1601 et seq., is "to create a system of private attorneys general to aid its enforcement").

II. Summary Judgment

A party who moves for summary judgment bears the exacting burden of demonstrating that there is no genuine dispute as to any material fact in the case. Adickes v. S. H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970). In determining whether a movant has met this burden, the court must view the evidence and all factual inferences in the light most favorable to the party opposing the motion. Environmental Defense Fund v. Marsh, 651 F.2d 983, 991 (5th Cir. 1981). If the record presents factual issues, the court must deny the motion and proceed to trial. Id. Furthermore, the court may discover questions of material fact even though both parties, in support of cross-motions for summary judgment, have asserted that no such questions exist. See Donovan v. District Lodge No. 100, IAM, 666 F.2d 883, 886-87 (5th Cir. 1982); Wright, Miller and Cooper, Federal Practice and Procedure: Civil § 2720. Thus, the court can resolve legal issues raised by the parties on cross-motions for summary judgment only if it has no doubt that the relevant facts are beyond dispute.

Rule 56 permits either party to move for summary judgment in his favor upon "all or any part" of the plaintiff's claims, Rule 56(a) and (b), and summary judgment therefore may be granted as to any one of several claims, Moss v. Ward, 450 F.Supp. 591, 594 (W.D.N.Y.1978). Although the court generally may not grant summary judgment on only one portion of a claim, Bonda's Veevoederfabriek Provimi, B. V. v. Provimi, Inc., 425 F.Supp. 1034, 1036 (E.D.Wis.1976), in some cases summary judgment is proper for one or more distinct issues presented by one claim. Barker v. Norman, 651 F.2d 1107, 1123 (5th Cir. 1981).

Plaintiff asserts in this action that the defendants have violated three sections of the FDCPA. The court will treat each alleged violation as a separate claim. For the reasons that follow, the court will grant summary judgment for the defendants on two of the plaintiff's claims; as to the third claim, the court will grant in part and deny in part each party's motion.

III. Facts1

Defendant Credit Bureau, Incorporated of Georgia (CBI) is a corporation composed of two divisions. One division is a consumer reporting agency, as that term is defined by 15 U.S.C. § 1681(a);2 the second division is a debt collector, as defined in 15 U.S.C. § 1692a(6). The collection division sells its service, collection of money owed on delinquent accounts, to creditors for a percentage of the amount of the debt that CBI recovers. Defendant Martha Phillips, named by the plaintiff as a defendant in her capacity as an agent for CBI, is in reality Ms. Bea Bean (defendant Bean), a debt collector employed by CBI. The name "Martha Phillips" is merely a pseudonym, or "desk name," used by any female CBI employee assigned to make collections from debtors whose surnames begin with "W." This name is also used by CBI's computer, which prints the desk name on letters to those debtors.

Sometime before September 30, 1980, the Propes Furniture Company turned over to CBI an account in plaintiff Juanita Wright's name. The account showed a delinquent balance due of $173.74. CBI entered the account information into a computer, which automatically dispatched a form letter addressed to Ms. Wright containing the following information:3

Your account, as indicated above, has not been paid and has now been placed with this company for collection.
Payment in full must be received within five days. Otherwise further action will be taken.
To insure proper credit, it is necessary to return this notice with your payment in the enclosed envelope.
If you send us written notice within thirty days that this debt or any portion of this debt is incorrect, we will obtain verification of this debt and mail it to you. Also, upon receipt of your written request within thirty days, we will furnish you with the name and address of the original creditor if different from that shown.
If you do not notify us in writing within thirty days, we shall assume that the account, as shown, is correct.

Brief of Defendants in Support of Motion for Summary Judgment (Defendants' Brief), Exh. C; Statement of Material Facts As to Which Defendants Contend There is No Genuine Issue to Be Tried (Defendants' Statement of Undisputed Facts) at ¶ 7. This letter, like all similar letters sent by CBI to Ms. Wright, bore, in large print at the top of the page, the letterhead:

CBI the credit bureau incorporated of georgia

The only indication that this letter was sent by CBI's collection division was the use of the name "CBI COLLECTIONS—ATLANTA" on the first line of the address that appeared in smaller print at the bottom of the page. A return envelope addressed to a post office box number, which represented a bank lock box account, accompanied the letter.

Ms. Wright received a total of three collection letters and discussed the debt with defendant Bean during four telephone calls between October 1980 and May 1981. In a telephone conversation on October 16, Ms. Wright stated that she would pay off the debt in installments. Defendant Bean maintains that in this and all other telephone conversations she

identified herself as Martha Phillips and explained that she was calling from the Credit Bureau in the Collection Department. She made no representations to Plaintiff concerning the nature of Credit Bureau's business other than to state that Credit Bureau had been retained by Propes Furniture Company to collect on Plaintiff's delinquent account.

Defendant's Statement of Undisputed Facts at ¶ 19. Ms. Wright does not directly dispute this assertion by defendants but does point out that

each time Defendant Bean spoke with plaintiff, she failed to inform plaintiff about the dual nature of Defendant CBI's business. Defendant did not explain to plaintiff that Defendant CBI was not acting in the capacity of a credit reporting agency in its effort to collect the disputed debt.

Statement of Material Facts As to Which Plaintiff Contends There Is No Genuine Issue to Be Tried (Plaintiff's Statement of Undisputed Facts) at ¶ 7.

On November 12, 1980, CBI received Ms. Wright's first installment, a money order sent by mail to CBI's bank lock box. Two more payments were received, on January 12 and February 10, 1981, by mail to the same box. Ms. Wright made only these three payments, totaling $37.00. In March 1981, CBI sent Ms. Wright a second letter, which stated

Your broken promises have convinced us that you deserve no further consideration in the above matter.
Therefore, five (5) days from this date, if the above account is not paid in full, we will recommend to our client that they refer to their attorney for immediate action.

Plaintiff's Amendment to Her Brief in Opposition to Defendant's Motion for Summary Judgment (Plaintiff's Amendment), Exh. A. CBI's last letter to Ms. Wright was mailed in April 1981 and stated

This is our final notice to you before recommending that our client give the account to their attorney for legal action. Although it may cause you embarrassment, inconvenience, and further expense, we will do so if the entire balance is not in this office within the next five days.
To insure proper credit, please return this notice with your payment in the envelope enclosed.
Attend to it NOW—This is a FINAL NOTICE.

Plaintiff's Amendment, Exh. B. After a final telephone conversation on May 14, 1981, CBI closed the account and recorded the balance of $137.74 as uncollectible.

IV. The Parties' Contentions

Ms. Wright alleges that she has suffered intense mental and emotional distress as the result of the collection efforts of CBI and defendant Bean and seeks statutory damages of $1,000, actual damages in an unspecified amount, attorney's fees, and costs. In the course of this litigation, Ms. Wright has asserted three separate violations of the FDCPA. First, in the Consolidated...

To continue reading

Request your trial
43 cases
  • Lloyd v. Illinois Regional Transp. Authority, 75 C 1834.
    • United States
    • U.S. District Court — Northern District of Illinois
    • September 30, 1982
    ... ... Organ., Inc. v. Camp, 397 U.S. 150, 90 S.Ct. 827, 25 L.Ed.2d 184 ... standard of review to an agency action, Judge Skelly Wright of the District of Columbia Court of Appeals observed that ... ...
  • Johnson v. Statewide Collections, Inc., 88-285
    • United States
    • Wyoming Supreme Court
    • July 21, 1989
    ...668 F.Supp. 1480 (M.D.Ala.1987). See Baker, 677 F.2d 775. See also Central Adjustment, 667 F.Supp. 370; Wright v. Credit Bureau of Georgia, Inc., 548 F.Supp. 591 (N.D.Ga.1982), reconsidered 555 F.Supp. 1005 (N.D.Ga.1983). CheckRite's argument with respect to the impact upon Johnson is not m......
  • Edwards v. Niagara Credit Solutions, Inc.
    • United States
    • U.S. District Court — Northern District of Georgia
    • November 13, 2008
    ...telephone calls to Plaintiff without making any meaningful disclosure of the identity of the caller. See Wright v. The Credit Bureau of Georgia, Inc., 548 F.Supp. 591 (N.D.Ga.1982) ("Rather, the `meaningful disclosure' by section 1692d(6) has been made if an individual debt collector who is......
  • Union Carbide Corp. v. Thiokol Corp.
    • United States
    • U.S. District Court — Southern District of Georgia
    • October 17, 1994
    ...to prevail as a matter of law. Wright, Miller & Kane, Federal Practice and Procedure: Civil 2d § 2720. Wright v. Credit Bureau of Ga., Inc., 548 F.Supp. 591, 594 (N.D.Ga.1982). A. CERCLA The Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") imposes strict liabi......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT