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Park v. Dynamic Recovery Solutions LLC

Interest Can Legally Accrue on Credit Card Accounts That Have Been Charged Off

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MEMORANDUM & ORDER On April 2, 2020, Juhyeon Park filed this action against Dynamic Recovery Solutions, LLC and Pinnacle Credit Services, LLC, alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. §1692, et seq. (“FDCPA”) on behalf of himself and others similarly situated. Plaintiff claims that defendants violated FDCPA provisions §§1692g(a)(1), 1692g(a)(2), 1692e, 1692e(2)(A) and 1692e(10) through the use of an allegedly inaccurate and misleading debt collection notice. The parties have cross-moved for summary judgment pursuant to Federal Rule of Civil Procedure 56(a). For the reasons set forth below, defendants’ motion is granted and plaintiff’s motion is denied. Background¹ At some point prior to 2007, Park obtained a Visa-branded store credit card issued by US Bank N.A., ND. See Defs.’ 56.1 Reply, Dkt. 27-5, 7. He claims to have used the card exclusively for personal expenses. Id. 8. Park began to fall behind on his payments in or around May 2007. Id. 9. The account was subsequently transferred to Pinnacle Credit Services, LLC, a Minnesota-based debt collection agency. Id.

5, 10. On or around April 15, 2019, Dynamic Recovery Solutions, LLC sent Park a debt collection letter to his Flushing address, seeking to collect an outstanding balance of $38,263.48. Id. 14; Letter, Dkt. 1-1, at 1-2. This was the first letter Park had received from Dynamic. Defs.’ 56.1 Reply 16. The letter identified Pinnacle as the current creditor and US Bank as the original creditor. Id.

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