Reade-Alvarez v. Eltman, Eltman & Cooper, P.C.

[David A. Szwak]

369 F.Supp.2d 353

United States District Court,
E.D. New York.
Ann READE-ALVAREZ and Ann R. Studen, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
ELTMAN, ELTMAN & COOPER, P.C., Erin Capital Management, LLC, James Brian Boyle, William Nolan, Robert A. Russon, Paul Renaghan, Carl Fon, Manuel Brad Moses, William Cortellessa, Peter Cooper and Milton Rawle, Defendants.

No. 04-CV-2195 (ILG).

May 10, 2005.


Background: Consumer debtors filed class action complaint under the Fair Debt Collection Practices Act (FDCPA) against debt collector and law firm representing it.

Holdings: On motion to dismiss for failure to state cause of action upon which relief could be granted, the District Court, Glasser, J., held that:
(1) allegations in complaint, that virtually identical debt collection letters which they received, purportedly from law firm representing debt collector, were in nature of computer generated forms with identical fonts and formats, that were not signed by anyone and contained only the type-written name of firm at bottom of letters, were sufficient to state claim under the FDCPA based on law firm's apparent lack of involvement in mailing of these letters;
(2) claim that debt collector, through its attorneys, had engaged in unauthorized practice of law, because attorneys were, in essence, an alter ego of debt collector, was not cognizable under the FDCPA; and
(3) allegations in complaint were insufficient to state claim under the FDCPA for collection agency's alleged “false, misleading or deceptiveâ€