Awa collections agency11/15/2023 Additionally, AWA points out that Webb cannot amend his complaint through an opposition brief. AWA replied to Webb's brief, reinforcing their belief that Webb failed to state a claim in his original complaint. In response to AWA's motion, Webb filed an opposition brief where he restates the allegations in his complaint, expands on his initial allegations, and attempts to add allegations to his original complaint. Webb generally asserts that AWA “violated right to privacy, caused financial injury, and ruined reputation as a federally protected consumer.” Along with his complaint, Webb submitted an affidavit of truth, a cease-and-desist letter, and several other documents related to facts underlying his claim.ĪWA filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, arguing that Webb does not identify what portions of the Fair Debt Collection Practices Act AWA allegedly violated. The present lawsuit followed and Webb alleges in his complaint that AWA failed to comply with the Fair Debt Collection Practices Act. Based on this response, the Bureau closed out Webb's second complaint. AWA also stated it didn't recognize the affidavit of truth as a valid legal document. AWA responded that it already resolved the issues in the prior Bureau complaint, closed the account, and deleted any information sent to credit bureaus. As a result, Webb sought to collect the $36, 000 he invoiced AWA, along with an apology. In his amended complaint, Webb states that AWA violated his rights under 15 USC § 1692. On August 24th, 2020, Webb filed a second complaint with the Consumer Financial Protection Bureau (hereafter the “Bureau”) regarding AWA. At some point, Webb also sent a cease-and-desist letter, though the document attached to the complaint is not dated and Webb's complaint contains no allegations about when the letter was sent. On August 19th, 2020, Webb wrote AWA a letter titled “Notice of Default and Opportunity to Cure.” This letter stated that AWA failed to rebut his “Affidavit of Truth” and thus defaulted in the amount of $36, 000. AWA responded by closing the account and stating that any information sent to credit bureaus would be removed. In this complaint, Webb states that AWA attempted to collect a debt he did not owe. Also on August 1st, 2020, Webb filed his first complaint with the Consumer Financial Protection Bureau. Webb then sent AWA an invoice for $36, 000 for the same 15 USC § 1692 alleged violations. AWA never responded directly to this affidavit. On August 1st, 2020, Webb sent an “Affidavit of Truth” to AWA where he outlined various claims he believed he had against AWA under 15 USC § 1692. On June 24th, 2020, AWA sent Webb a letter regarding the collection. As of June 2020, AWA's collection appeared on Webb's credit report. Around June of 2020, Lotsu Digestive hired AWA to collect the $171.86 from Webb. On February 8, 2020, Lotsu Digestive Health sent Webb a bill for medical services. Though Webb's allegations lack detail, the Court infers the following facts from his complaint and the attached documents. § 1692, commonly known as the Fair Debt Collection Practices Act. Webb filed his complaint against AWA under 15 U.S.C. For the following reasons, the Court grants AWA's motion. AWA Collections filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), arguing that Webb's allegations, even it taken as true, fail to state a claim for relief under the Fair Debt Collection Practices Act. Plaintiff Issa Webb (“Webb”) filed a complaint against Defendant AWA Collections (“AWA”), a debt collection agency, alleging that AWA Collections violated his right to privacy and caused him financial injury through their debt collection practices. JORGE ALONSO United States District Judge
0 Comments
Leave a Reply.AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |