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Irvine v. I.C. System, Inc.

United States District Court, D. Colorado

March 31, 2016

LEONA IRVINE, Plaintiff,
v.
I.C. SYSTEM, INC., a Minnesota corporation, Defendant.

ORDER

PHILIP A. BRIMMER UNITED STATES DISTRICT JUDGE

This matter is before the Court on the Motion for Summary Judgment [Docket No. 36] and Second Motion for Summary Judgment [Docket No. 59] filed by defendant I.C. System, Inc. (“ICS”), and plaintiff’s Motion for Summary Judgment [Docket No. 60]. This Court has jurisdiction pursuant to 28 U.S.C. § 1331.

I. BACKGROUND [1]

This case arises out of defendant’s alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq. On or about March 31, 2011, plaintiff Leona Irvine incurred a debt (the “Account”) to Banfield Pet Hospital. Docket No. 36-1 at 2, Statement of Undisputed Material Facts (“SUMF”) 1; Docket No. 48 at 2, ¶ 1. Plaintiff defaulted on the Account by failing to make timely payments. Id., SUMF 3. On November 28, 2011, the Account was transferred to ICS for collection. Docket No. 36-1 at 3, SUMF 2.

On March 13, 2014, plaintiff called ICS. Docket No. 36-1 at 3, SUMF 5. A transcription of the March 13, 2014 phone call states, in relevant part:

[ICS representative]: [O]k it looks like you have a balance of $630.51 with Banfield Pet Hospital.
* * *
[Plaintiff]: And how did it get to that?
[ICS representative]: Well there was a balance of $536.61 there was a nonpayment adjustment of $93.90 and then there was a collection charge. Yes the collection charge was $93.90. It was originally $536.61 then they added a collection charge.
[Plaintiff]: What date is this for?
[ICS representative]: This was for March 31, 2011.
[Plaintiff]: 2011?
[ICS representative]: Yes, will you be paying that in full today Leona?
[Plaintiff]: Well I don’t believe it’s that. I don’t owe that balance. I don’t owe that much.
[ICS representative]: Ok how much can you pay?
[Plaintiff]: Well what can we do to settle this?
* * *
[ICS representative]: [T]he lowest I can go is $315.25.
[Plaintiff]: I disagree with that balance it’s just too much and I want to get this settled for that.[2]
[ICS representative]: Ok that’s the lowest I can go. It’s the lowest Banfield Pet Hospital allows me to go.
[Plaintiff]: Well that’s too much. I can pay maybe $10 or $15 dollars a month.
* * *
[ICS representative]: Ok, and then when were you going to have these payments posted by? So I can set your date on here?
[Plaintiff]: Um. . . I don’t know. Let me think here. Only thing is this is messing up my credit report because it’s on here.
[ICS representative]: I understand.
[Plaintiff]: So what do I have to do to get it off my ...

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