Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hart v. Credit Control, LLC

United States Court of Appeals, Eleventh Circuit

September 22, 2017

STACEY HART, Plaintiff - Appellant,
v.
CREDIT CONTROL, LLC, Defendant-Appellee.

         Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 5:16-cv-00387-JSM-PRL

          Before TJOFLAT and WILSON, Circuit Judges, and ROBRENO, [*] District Judge.

          WILSON, Circuit Judge:

         This appeal requires us to answer two important questions-one that we have not addressed explicitly, and one that we have not had occasion to address at all. Within the confines of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, we must decide whether a voicemail left by a debt collector constitutes a "communication, " and we must determine what information will and will not constitute a "meaningful disclosure." Stacey Hart appeals the dismissal of her FDCPA claims against Credit Control, a debt collector. She alleges that Credit Control violated the FDCPA not only by failing to provide the required disclosures for initial communications with consumers, but also by failing to provide meaningful disclosure. The district court dismissed Hart's claims, finding that Credit Control was not subject to the initial communication requirements because the voicemail it left was not a communication, and finding that Credit Control provided meaningful disclosure despite the individual caller not identifying herself by name. Having had the benefit of oral argument, we reverse and remand in part and affirm in part.

         I.

         In March 2015, Hart received a call from Credit Control, a debt collector. When Hart did not answer the phone, Credit Control left a voicemail which, in its entirety, stated:

This is Credit Control calling with a message. This call is from a debt collector. Please call us at 866-784-1160. Thank you.

         This was Credit Control's first communication with Hart. Although Credit Control was attempting to collect a debt from Hart, the individual caller did not disclose that information. Nor did the individual caller identify herself by name. Following that initial call and voicemail, Credit Control continued to call Hart, leaving substantially similar voicemails each time.

         Hart filed a complaint in the Middle District of Florida alleging that Credit Control violated two provisions of the FDCPA-§ 1692e(11) and § 1692d(6)- governing false or misleading representations and harassment and abuse respectively. In granting Credit Control's motion to dismiss, the district court found that Credit Control did not violate § 1692e(11) because the first voicemail was not a "communication" within the meaning of the statute. The district court also found that Credit Control did not violate § 1692d(6) because its caller provided Hart with "meaningful disclosure." The district court reasoned that the voicemails provided "meaningful disclosure" because they provided enough information not to mislead the consumer as to the purpose of the call. Upon dismissal, Hart timely appealed.

         II.

         We review issues of statutory interpretation de novo. Davidson v. Capital One Bank (USA), N.A., 797 F.3d 1309, 1312 (11th Cir. 2015). We also conduct a de novo review of a district court's dismissal of a complaint for failure to state a claim. Hill v. White, 321 F.3d 1334, 1335 (11th Cir. 2003) (per curiam).

         III.

         In order to protect consumers, Congress enacted the FDCPA "to eliminate abusive debt collection practices by debt collectors." LeBlanc v. Unifund CCR Partners, 601 F.3d 1185, 1190 (11th Cir. 2010) (per curiam) (internal quotation marks omitted). "The [FDCPA] imposes civil liability on debt collectors for certain prohibited debt collection practices." Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich L.P.A., 559 U.S. 573, 576, 130 S.Ct. 1605, 1608 (2010) (internal quotation marks omitted).

         Hart alleges that Credit Control violated two sections of the FDCPA- § 1692e(11) and § 1692d(6). First, she argues that Credit Control violated § 1692e(11) when it failed to make the required disclosures for initial communications in its first voicemail to her. Credit Control counters that it was not required to make such disclosures because the voicemail was not a communication. Second, she argues that Credit Control violated § 1692d(6) when its individual callers did not identify themselves by name in any of the voicemails, thus failing to provide Hart with "meaningful disclosure." Credit Control contends that the individual caller's name is not necessary for such disclosure. While we agree with Hart that the initial voicemail left by Credit Control is a communication within the meaning of the FDCPA, thereby ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.