Zemeckis v. Global Credit & Collection Corp.

Dist. Ct. did not err in dismissing plaintiff's claim alleging that defendant's dunning letter violated Fair Debt Collection Practices Act (FDCPA) where letter used language containing false sense of urgency to pay debt, such that it overshadowed statutorily mandated language regarding plaintiff's right to wait 30 days to contest validity of debt. While letter contained language warning plaintiff that her "account now meets guidelines for legal action" and told plaintiff to call defendant "today," plaintiff failed to state cause of action under FDCPA where letter contained only non-actionable puffery and instructed plaintiff to locate relevant information about her rights on back of letter. Moreover, under Sims, 445 F3d 959, location of rights on back of letter did not violate FDCPA.