Monday, August 27, 2018

consumer - debt collection - FDCPA - use of true name

Levins v. Health Care Recovery Group – 3d Cir. – August 22, 2018

 Elaine and William Levins allege that Healthcare Revenue Recovery Group LLC (“HRRG”) violated  §§ 1692e(14), 1692d(6), and 1692e(10) of the FDCPA by leaving telephone voice messages that did not use its true name, did not meaningfully disclose its identity, and used false representations and deceptive means to collect or attempt to collect a debt or obtain information about a consumer.

 In particular, the Levinses complain that voicemail messages in which HRRG went by the name of “ARS” were insufficient to identify it as HRRG or even as “ARS ACCOUNT RESOLUTION SERVICES,” which is an alternative business name used by HRRG. HRRG moved to dismiss the complaint, as amended, for failure to state a claim, and the District Court granted that motion.

Held: the Levinses have stated a plausible claim that HRRG violated § 1692e(14)’s “true name” provision, but they have not stated plausible claims under §§ 1692d(6) or 1692e(10).