Judge Richard J. Arcara
Johnson alleged Capital Management Services (CMS) violated the Fair Debt Collection Practices Act (FDCPA) in calls over credit card debt. After stating his intent to dispute the debt, collectors allegedly told Johnson collection efforts would continue until CMS received notice of dispute. After threatening to sue, Johnson was told his account was closed under a cease-and-desist order. CMS marked the account “disputed” and Johnson’s file was recalled. Finding the evidence did not establish actionable claims under the FDCPA, the court summarily dismissed Johnson’s claim of harassment and verbal abuse violating 15 USC §1692d. Recounting conversations with CMS’s collectors, it concluded Johnson did not identify evidence supporting his claim that the conduct was intended to harass, oppress or abuse. There was no evidence the collectors used obscene, profane or abusive language. The court also dismissed Johnson’s claim that CMS wrongly labeled his account as “cease and desist.” Regardless of his failure make a written request disputing the debt under §1692g(b), by halting collection efforts, CMS did more than required under the FDCPA, regardless if Johnson’s account was labeled “cease and desist” or “disputed.”
