A District Court Judge in Ohio has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case that accused the defendant of sending a text message attempting to collect on a debt after the plaintiff had responded to an earlier text message declining to pay the debt, ruling that the plaintiff failed to sufficiently allege key elements of the claim.
The background: Back in July, the defendant sent a text message to the plaintiff attempting to collect a debt tied to an unpaid wireless phone account. The plaintiff responded by text that he did not have the money and declined to pay the debt. Despite this, the defendant allegedly sent a follow-up text two months later, seeking payment on the same debt. The plaintiff filed a lawsuit, alleging a violation of Section 1692c(c) of the FDCPA, which governs communications after a consumer has indicated an intent to cease communications.
- This was not the plaintiff’s first attempt to sue the defendant. A previous complaint, filed in September 2024, was dismissed without prejudice for failure to adequately plead the “debt” element of the FDCPA claim. The court allowed the plaintiff an opportunity to amend the complaint and refile, which the plaintiff did in December 2024.
The ruling: Judge Douglas R. Cole of the District Court for the Southern District of Ohio granted the defendant’s motion to dismiss the complaint, finding that the plaintiff still failed to plausibly allege that the Verizon account was a “debt” as defined under the FDCPA.
- While the plaintiff added a new allegation claiming the account was obtained for personal, family, and household purposes, Judge Cole deemed this a mere “formulaic recitation” of the statutory language, which did not provide sufficient facts to meet the pleading requirements. The court also noted that the plaintiff’s attached screenshot did not clearly link the account to personal use, as it appeared to be a Spectrum statement, not Verizon’s.
- Given that he had already dismissed a similar claim previously and provided the plaintiff with the opportunity to correct the deficiencies, Judge Cole dismissed the complaint with prejudice, ending the case.
- The plaintiff has filed a notice of appeal to the Court of Appeals for the Sixth Circuit.
