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Chaperon v. Sontag & Hyman PC

If Debtor Believed She Did Not Owe Full Amount of Debt She Was Disputing the Debt

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MEMORANDUM ORDER   On September 18, 2019, plaintiff Julia Chaperon commenced this action on behalf of herself and all others similarly situated against Sontag & Hyman, P.C. (“Sontag”), alleging that a debt collection letter Chaperon received from Sontag violated the Fair Debt Collection Practices Act (“FDCPA”). ECF No. 1. Now before the Court is Sontag’s motion to dismiss the complaint for failure to state a claim under Fed. R. Civ. P. 12(b)(6). ECF No. 11. For the reasons set forth below, the Court grants the motion and dismisses the complaint with prejudice. Background The following allegations are taken from the complaint and are assumed true for the purposes of assessing the motion to dismiss the complaint: Prior to August 20, 2019, Chaperon incurred certain financial obligations, related to her rent payments, to Harlem Valley HDFC. Complaint, ECF No. 1 (“Complaint”)

15-19. Prior to August 20, 2019, Chaperon fell into arrears on her payments, and her debt was subsequently assigned to Sontag for collection purposes. Id.

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