United States District Court, M.D. Alabama, Southern Division
MEMORANDUM OPINION AND ORDER
KEITH WATKINS CHIEF UNITED STATES DISTRICT JUDGE
Michael Lait brings this action to recover statutory damages
for an alleged violation of the Fair Debt Collection
Practices Act (“FDCPA”), 15 U.S.C. §§
1692a et seq., by Defendant Medical Data Systems,
Inc. (“MDS”). MDS moves to dismiss under Federal
Rule of Civil Procedure 12(b)(6) for failure to state a claim
upon which relief can be granted. (Doc. # 6.) Before the
court is the Recommendation of the Magistrate Judge. (Doc. #
15.) Upon an independent review of the record and a de
novo determination of the issues upon which MDS has
timely objected (Doc. # 16), the court finds that the
Magistrate Judge's Recommendation is due to be rejected.
JURISDICTION AND VENUE
court has subject-matter jurisdiction over this action
pursuant to 15 U.S.C. § 1692k(d) and 28 U.S.C. §
1331. The parties do not contest personal jurisdiction or
STANDARD OF REVIEW
district court judge “may accept, reject, or modify, in
whole or in part, the findings or recommendations made by the
magistrate judge, ” and makes a de novo
determination of those portions of the report to which
objection is made. 18 U. S. C. §
636(b)(1); see Fed. R. Civ. P. 72(b)(3).
motion to dismiss pursuant to Rule 12(b)(6) of the Federal
Rules of Civil Procedure tests the sufficiency of the
complaint against the legal standard set forth in Rule 8:
“a short and plain statement of the claim showing that
the pleader is entitled to relief, ” Fed.R.Civ.P.
8(a)(2). In ruling on a motion to dismiss, courts “must
accept the well pleaded facts as true and resolve them in the
light most favorable to the plaintiff.” Paradise
Divers, Inc. v. Upmal, 402 F.3d 1087, 1089 (11th Cir.
2005) (citation omitted). To survive Rule 12(b)(6) scrutiny,
however, “a complaint must contain sufficient factual
matter, accepted as true, to ‘state a claim to relief
that is plausible on its face.'” Ashcroft v.
Iqbal, 556 U. S. 662, 678 (2009) (quoting
Bell Atl. Corp. v. Twombly, 550 U. S. 544,
570 (2007)). If there are “enough fact[s] to raise a
reasonable expectation that discovery will reveal
evidence” to support the claim, there are
“plausible” grounds for recovery, and a motion to
dismiss should be denied. Twombly, 550 U. S.
document attached to a motion to dismiss may be considered by
the court without converting the motion into one for summary
judgment only if the attached document is: (1) central to the
plaintiff's claim; and (2) undisputed.
‘Undisputed' in this context means that the
authenticity of the document is not challenged.”
Horsley v. Feldt, 304 F.3d 1125, 1134 (11th Cir.
2002) (citations omitted).
facts of this case are undisputed. On September 27, 2016, MDS
sent Mr. Lait the following letter:
MEDICAL REVENUE SERVICE
P.O. BOX 938
VERO BEACH, FL 32691
Medical Revenue Service is a collection agency. The
account(s) indicated below has been placed with our office
Unless you notify this office within 30 days after receiving
this notice that you dispute the validity of this debt or any
portion thereof, this office will assume this debt is valid.
If you notify this office in writing within 30 days from
receiving this notice that you dispute the validity of this
debt or any portion thereof, this office will obtain
verification of the debt or obtain a copy of a judgment and
mail you a copy of such judgment or verification. If you
request this office in writing within 30 days after receiving
this notice this office will provide you with the name and
address of the original creditor, if different from the
Please make your check or money order Payable to Medical
Revenue Service. In order to assure proper credit to your
account, include the reference number with your payment. We
also accept credit card and “check by telephone”
payments for your convenience. If you have any questions, you
may contact one of our ...