All Rights Reserved. Although Defendant may ultimately prevail on the merits, the Court's sole function at this stage, similar to its function when analyzing a motion to dismiss, is to "satisfy itself that [the claim or defense] is colorable and not frivolous." I, Inc., No. 2505, 91 L.Ed.2d 202 (1986)). Home Contact Us. 2008); Sorel v. Capital One Servs., LLC, No. It is the opposing party who bears the burden to establish that an amendment would indeed be futile. Reviews. There are 26 United States Postal Service collection boxes and post offices available to the public in Waterloo, IA. Apr. Preauthorized Direct Debit, a convenient and secure option that requires your written permission to authorize the PCA to draft a check, or a series of checks, on your behalf. PRELIMINARY STATEMENT Plaintiff Anthony M. Vetrano ("Plaintiff" or "Vetrano") brings the instant action against Defendant The CBE Group, Inc. ("Defendant" or "CBE") alleging violations arising under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. Homelink Provider Network at Po Box 1860, Waterloo, IA 50704. Mar. But notably, even in the two-address cases, the dispute resolution address was not proximate to the dispute resolution notice, or else one of the addresses was not labeled as a "Payment Processing Center" or department (or both). Plaintiff is directed to serve and file his Amended Complaint within ten (10) days. Waterloo, IA 50704. . Based on this letter, I cannot see why anyone would think there is any other place to send a dispute notice other than to PO Box 2635. 119, 123 (E.D.N.Y. 1998) (citing Harrison v. NBD Inc.,990 F.Supp. ." 20-cv-2380, 2021 WL 325982 (S.D.N.Y. Corp.,310 F.3d 243, 258 (2d Cir. From RV's and Boat's to winter wardrobes and more, we can store all of your stuff! 2013) (finding that the issue of whether language in a collection letter overshadowed a validation notice was a question of law); Diaz, 965 F. Supp. 17, 2014); M.E.S., Inc. v. Liberty Mut. I ship on ebay and ship bout 50 items/packages a month give or take with USPS, . Trying to locate a 1st class piece of mail. Sys., Inc.,54 F.Supp.3d 270 (E.D.N.Y. 2009) (quoting FED. "); MHANY Mgmt. What is your Industry (required) Siong also answers to E Siong Norte and E S Norte, and perhaps a couple of other names. Id. 1996). Ct. 2485, 2489 (2010) (Rule 15(a) "gives a district court discretion to decide whether to grant a motion to amend a pleading before trial. All facts alleged by the Plaintiff are assumed to be true for purposes of deciding the motion to amend and are construed in a light most favorable to the Plaintiff as the moving party. Sometimes three days no service. We get some mail delivered to our new house, some to our old house, some that never shows up, and some that goes to a different town. :>.Hm|D__z^^>* 088!D@v_Uk#_m.KO_zB>yd9XJI'?.8qg~-|\|/?e.+_s\|],8Q?%izp7&9?Rk{K)G'z _
dBvgDE YK'WUr/yl"Wd?. A passport quality photo. However, I cannot find that law of the case should be so strictly applied here. PO Box 3136. Waterloo Post Office. ." po box 2464, waterloo, IA. 1. a. supra, which is equally applicable when analyzing a Section 1692e violation, see Lotito, 2014 WL 4659464, at *7; Bentley v. Great Lakes Collection Bureau,6 F.3d 60, 62 (2d Cir. Defendants submit an affidavit from a manager as to their business practices, averring that whichever address plaintiff sent her dispute letter to, it would find its way to their dispute department. 1692a(6)). at 132; S.S. Silverblatt, Inc. v. E. Harlem Pilot Block-Bldg. Compl., Ex. Id. 15-CV-3160, 2016 WL 1171586 (E.D.N.Y. I don't like my mail left overnight. Fed. Effective September 23, 2021, when the IRS assigns your account to a private collection agency, one of these three agencies will contact you on the government's behalf: Before you are contacted by a private collection agency, you will receive two letters. Address360 Westfield Ave., Ste 300, Waterloo, IA 50701 USA Connect. at 132; Alkhatib, 2015 WL 3507340, at *7; Golden Trade, 143 F.R.D. As such, Plaintiff's proposed amendment claiming this challenged language violates Section 1692e is futile. PO Box 385 Waterloo US, Iowa 50704 Click here because Linda is happy to help now . at 396); Fiske v. Church of St. Mary of the Angels,802 F.Supp. All Rights Reserved. Comp., Ex. What private collection agencies are currently under contract with the IRS and may contact me? Accordingly, I hold that the collection letter is not misleading or deceptive within the meaning of the FDCPA. circuit courts, as well as a number of district courts in this Circuit, read a materiality requirement into the FDCPA's prohibition of false, deceptive, or misleading practices in the collection of a debt." 131 Tower Park, Suite 100. I have the USPS Informed Delivery app and I was to receive 3 pieces of mail yesterday and 2 today. 10 Civ. Waterloo, IA 50701. 04 CV 4006, 2006 WL 2570915, at *3 (E.D.N.Y. The Second Circuit has not made an analogous pronouncement, but it did cite . . Write a review. In addition, Defendant states that when this statement is read in conjunction with the requisite validation notice "the only reasonable interpretation . These let you know that your overdue tax . Jun. Abbott, Andrew C. 316 E 5th St, Waterloo, IA 50703-4712 (Black Hawk County) PO Box 9500, Waterloo, IA 50704-9500 Like other preclusion doctrines, the purpose of the law of the case doctrine is to prevent courts from having to make the same decision twice. It thus suffices to note that my decision in this case is generally consistent with the letters bearing the closest resemblance to the letter at issue here. DE 25. Of Suffolk,29 F.Supp.2d 134, 137-38 (E.D.N.Y. While Gabriele is not binding precedent, the Court agrees that only material misrepresentations are actionable under the FDCPA. Additional contact names - Levorn Robinson, Brenda Bowers. CV-05-1095, 2006 WL 3335048, at *2 (E.D.N.Y. 425 Cedar Street, Suite 320 PO Box 1253 . 2013)); see also Diaz v. Residential Credit Sols., Inc.,965 F.Supp.2d 249, 256 (E.D.N.Y. 1692g(3) statement" and would "lead the least sophisticated consumer to believe that her dispute must be in writing." Dewees, 506 F. Supp. Print USPS postage online with Stamps.com. Thus, in dispatching its obligation, "[t]he court must analyze `collection letters from the perspective of a debtor who is uninformed, naive, or trusting, but is making basic, reasonable and logical deductions and inferences.'" Box 2217 Waterloo, IA 50704 1-800-910-5837; Conserve of Fairport, NY P.O. Jan 15, 2023 Pros are happy to help today Save time and effort because . Trying to locate a 1st class piece of mail. 2002) (internal citation omitted); see Vega, 2005 WL 711657, at *6 ("Simply including the mandated validation notice in a debt collection letter is not enough to ensure compliance with the FDCPA. I hold that when these addresses are read in context of the entire letter, even the least sophisticated consumer would understand where to send a dispute letter. 300 Sycamore St. Waterloo, IA 50701. xy\W8~}'=l$E AYBBT*b You can also see Publication 594, The IRS Collection ProcessPDF, for ways to pay your taxes. 12-CV-2440, 2013 WL 4883474, at *1 (E.D.N.Y. Now we have mail PILING UP. The business address is 2635 Scenic Lane, Nashua, IA 50658, USA. Ask your PCA how you can authorize the direct debit option to conveniently and securely schedule one or multiple payments. To learn more about . I need to lodge a complaint against my mailman. 2018-06-05 - 2021-03-27 Nothing in this phrase states, or even implies, that a consumer does not have a right to dispute a debt orally." Dev. 2d at 710 (quotations and citation omitted); see also Sussman v. I.C. Please Call 319-274-2219 or schedule online. Directions . Find public records for Po Box 504 Waterloo Ia 50704. Apr. 1539 Oriole Ave, Waterloo, IA 50701. v. Cty. Plaintiff asserts that these cases stand for the sweeping proposition that "even where a debt collector includes an accurate 1692g(a)(3) statement and does not explicitly state that disputes must be in writing, such debt collectors nonetheless violate the FDCPA where other language in the letter examined from the perspective of the least sophisticated consumer could have overshadowed or contradicted the 1692g(a)(3) statement." Fax: 855-828-0729 Address: Veridian Fiscal Solutions, PO Box 4502, Waterloo, Iowa 50704 Veridian Fiscal Solutions is a division of The Veridian Group, Inc, a wholly owned subsidiary of Veridian Credit Union. P.O. . System, Inc.,928 F.Supp.2d 784, 795 (S.D.N.Y. ." Specifically, this section provides that. 1998)). I have informed delivery and have not gotten my mail for two days. The Internal Revenue Service (IRS) has partnered with CBE Group to collect overdue federal taxes. Past Address. Click here for help and advice Restoration Services Inc Update Bing map and directions. 504, 506 (S.D.N.Y. Unorganized. Compl. In so ruling, the Magistrate Judge rejected defendant's argument that the proposed amendment was futile because it failed to state a claim, holding instead that "plaintiff has alleged the elements of a plausible claim under the FDCPA.". Cf. View company information, address & phone number. To the contrary, both of these cases hold that the contradiction and overshadowing which occurred was based upon additional language in the collection letters which attempted to mandate an "in writing" requirement to properly dispute a debt where no such requirement existed and thus would confuse or mislead the least sophisticated consumer. molly E. They were fast, professional and nothing got broke. 2013). Po Box 900 Waterloo, IA 50704-0900 : Address Types: Mailing: Registered Agent: Corporation Service Company: Filing Date: June 19, 2001: File Number: 2001-000421723: Contact Us About The Company Profile For The Cbe Group, Inc. Than our mail can be delivered faster. Reviews. The mailing address for Northern Iowa Pain Management, Pc is PO BOX 2400 Waterloo, IA 50704- 3192723323 (mailing address contact number - 3192333044). See DE 20. IRS . See Easterling v. Collecto, Inc., 692 F.3d 229, 233 (2d Cir. Plaintiff Anthony M. Vetrano ("Plaintiff" or "Vetrano") brings the instant action against Defendant The CBE Group, Inc. ("Defendant" or "CBE") alleging violations arising under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. We are a business and having our mail with checks and bills laying in someone's parking lot is unacceptable. Sunday: Closed: Monday - Friday9:00 AM - 5:00 PM: Saturday: 10:00 AM - 12:00 PM: Access Hours . View Address +Edit. CBE Group Inc., PO Box 2217, Waterloo, Iowa, 50704; (800) 910-5837; Coast Professional Inc., PO Box 526, Albion, New York, 14411; (888) 928-0510; and, ConServe, PO Box 307, Fairport, New York, 14450; (844) 853-4875. 2d at 795. % 1999); Chan Ah Wah v. HSBC N. Am. . 800-910-5837, Coast Professional, Inc. A Black Hawk County Human Services employs approximately 20+ people. Collections Agencies. Reply Memorandum of Law in Further Support of Defendant's Motion for Judgment on the Pleadings Pursuant to Rule 12(c), and in Opposition to Plaintiff's Motion to Amend his Complaint ("Def. So how dont I have mail. 41-50. H & R . The FDCPA "is a strict liability statute and a single violation is sufficient to establish liability." contradicts . Public . 2012) ("the least sophisticated consumer test pays no attention to the circumstances of the particular debtor in question"); Garcia v. Law Offices of Howard Lee Schiff, P.C., 401 F.Supp.3d 241, 251 n. 1 (D. Conn. 2019) ("Mr. Garcia's interpretation of the letter is immaterial because he cannot stand in for the least sophisticated consumer. Although the fact that plaintiff may be one out of thousands of consumers who received this letter and was confused may be worth considering, it is not determinative of the effect of the letter on the hypothetical least sophisticated consumer. A review of the letter reveals that the challenged language is contained in an entirely separate and distinct portion of the letter under the heading "payment can be made as follows" (emphasis omitted) and thus does not otherwise reference or interfere with the validation notice itself contained in a separate section of the letter. Plaintiff asserts that she was in fact paralyzed into inactivity (other than calling her lawyer) because she was confused. no one will answer a phone, mail box full so can't leave a message. What if I have already paid the balance due on this account? A Black Hawk County Human Services is located at 1407 Independence Ave # 2, Waterloo, IA 50703. . You should validate that the caller is representing one of the private collection agencies listed above. Therefore, if the debt collector includes other language that overshadows or contradicts the validation notice to the extent that it renders the notice ineffective, the debt collector violates 1692g as a matter of law."). In sum, neither Abramov nor Lotito holds that language in a debt collection letter which provides a debtor with a phone number to contact the debt collector with regard to making a payment contradicts or overshadows a proper Section 1692g validation notice. hardly amounts to prejudice outweighing the policy of Rule 15(a) in favor of permitting the parties to obtain an adjudication of the merits.").4. 0. 3d at 278. "Futility is a determination, as a matter of law, that proposed amendments would fail to cure prior deficiencies or to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure." None of those decisions, however, are controlling authority. Iowa Email: FiscalSolutions@VeridianCU.org Phone: 319-226-4692 Toll-Free: 866-226-4692 . 343, 359 (E.D.N.Y. Apr. We have different mail carriers every day and today 6/18 the mail is still not here and it is 4:05pm when we close at 4:30. They have selected four contractors to implement this program. Avoid trips to the Post Office. The collection letter upon which plaintiff brings this lawsuit, together with the payment coupon with which to send a payment, appeared as follows: Plaintiff's complaint is that there are three addresses for the collection company, defendant CBE Group, Inc., which appear in four places: (1) "1309 Technology Pkwy, Cedar Falls, IA," in the top left corner of the letter; (2) PO Box 2635, Waterloo, IA, immediately following the dispute notice and at the top left of the payment coupon; and (3) defendant's "Payment Processing Center, PO Box 2038, Waterloo, IA," appearing in the bottom right of the payment coupon. In assessing whether the proposed amendment asserts colorable grounds for relief, a court "is required to adopt the same analysis as applied on a motion to dismiss for failure to state a claim under Rule 12(b)(6) of the [Federal Rules of Civil Procedure]." Lotito, 2014 WL 4659464, at *4; see Lerner v. Forster,240 F.Supp.2d 233, 237 (E.D.N.Y. Sept 28, 2022 Power Engineering & Mfg. *An appointment is required to apply for or renew US Passports. . Business Name Address Agent Name Incorporation Date; 2003) (letter instructing the consumer to contact creditor for payment purposes or with questions about the account or contact debt collector to dispute the debt did not overshadow or contradict the validation notice); Wyler v. Computer Credit, Inc., 2006 WL 2299413, at *10 (E.D.N.Y. PO Box 263, Waterloo, IA 50704 410 Hope Ave, Waterloo, IA 50703 3216 Neola St #5, Cedar Falls, IA 50613 1708 NW 99th Ct, Clive, IA 50325: Phone: (616) 334-7795 2018-06-05 - 2021-03-27 Addition of officer CLARK, LARRY, secretary. Compl. Either it was delivered to the wrong locker or he put it in someone else box, I am extremely pissed. Both letters contain a Taxpayer Authentication Number. Legal name of organization: Waterloo Community Foundation. Am. PO Box 2714. The appropriate application form printed and filled out, and the required fee for applying or renewing. Box 425 Geneseo, NY 14454 888-928-0510. CIV A02 CV1550, 2005 WL 711657, at *9 (E.D.N.Y. P. 15(a); see also Lucente v. Int'l Bus. Id. 1401, 2006 WL 1455468, at *1 (E.D.N.Y. What's going on there with mail. MEMORANDUM AND ORDER. ConServe P.O. CBE Group provides accounts receivable management and debt collection services for clients in the education, financial, healthcare, satellite and telecommunications, utility, and government markets. This just happened again yesterday. I also am tracking 2 packages that arrived at the post office on Thursday - 1 was accepted Friday and the other has not been noted as accepted. Now you can print postage immediately using your home printer. Our Mail carrier is working so why am I not getting my mail? R. Civ. Id. The reason for that conclusion is that the absence of this additional language does not itself overshadow or contradict the validation notice included in the letter which clearly advises Plaintiff of his right to dispute the validity of the debt. Although the letter in the instant case does not include the same explicit "in writing" requirement as the letters at issue in Abramov and Lotito, the language "written disputes" in the challenged phrase could still potentially mislead the least sophisticated consumer when that language is read in context with the first sentence of the validation notice. 38-39. City. (internal citation omitted); Vega v. Credit Bureau Enterprises, No. Waterloo, IA 50704 . official United States Postal Service (USPS). Copyright 2023 Supernova Capital. What is going on at the Waterloo post office? The CBE GROUP, INC., Defendant. Directly below this phrase is the validation notice which begins with the language "[u]nless you notify this office within thirty (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." See generally Complaint ("Compl.") Click on the case name to see the full text of the citing case. It is true that the phrase "Forward written disputes to: Po Box 2635, Waterloo, IA 50704-2635" does not explicitly state that a consumer may only submit disputes in writing. Publication 594, The IRS Collection Process. I see the mail carrier on Fletcher every day. How can I verify with the IRS that my case was in fact transferred to a private collection agency? P.O. Hauppauge, NY 11788-8809 . 1979) ("[T]he burden of undertaking discovery, which Chemical would have shouldered had the proposed amendment been incorporated . 2000) (same); Guideone Specialty Mut. Phone: 319-274-2210
"Thus, in determining whether a plaintiff has stated a claim under 1692e of the FDCPA, courts have considered whether the false representations rest on material misrepresentations." R. CIV. There is no dispute that the Amended Complaint satisfies the first two elements needed to state a claim arising under the FDCPA that is, Plaintiff is a consumer and Defendant is a debt collector within the meaning of the FDCPA. See Am. Am. What do I do? Its also for you to verify that the caller is legitimate. The issue in this action under the Fair Debt Collection Practices Act arises from the fact that the subject collection letter showed three different addresses belonging to the defendant debt collection company. Turning first to the phrase "Call us at (800) 348-3304 to discuss paying with a check by phone, credit card or debit card," Am. Free and open company data on Iowa (US) company JACKMAN CORP. (company number 125477) Learn how to leverage transparent company data at scale. Waterloo, IA 50704-2633. "[T]he Second Circuit has indicated that the determination of how the least sophisticated consumer would view language in a defendant's collection letter is a question of law because the standard is an objective one." See Virgin Atl. Both sides place too much emphasis on the influence of district court decisions in applying the FDCPA to cases like this. The county or parish where the ZIP Code resides. 837, 848. Print USPS postage online with Stamps.com. CV 13-2337, 2015 WL 3507340, at *7 (E.D.N.Y. Milwaukee, WI 53201-3136 (wonder if we could use that . 47-3373953. Several days a week we dont get mail delivered or picked up. I also had 2 International pieces going to UK same date 5-23-22 Red Poinsettia STAMP one was received 5-30-22 the other never arrived. 5-6.2 Defendant, an entity with its principal place of business in Cedar Falls, Iowa is a "debt collector" within the meaning of the FDCPA since it is primarily engaged in "a business the principal purpose of which is the collection of debts" and because it "uses an instrumentality of interstate commerce or the mails" in order to engage in the direct or indirect collection of debts. 2013) (the least sophisticated consumer standard "does not take into account the level of comprehension or reaction to the communication of the debtor before the court."). should forward the dispute to the address provided." 2d at 238. What the hell is going on???!!! There are 26 United States Postal Service collection boxes and post offices available to the public in Waterloo, IA. 2000). Gabriele v. American Home Mortgage Servicing, Inc., 503 F. App'x 89, 94 (2d Cir. I've never seen such a poor service. We have not gotten mail for 3 days here on Campbell by the park. P.O. Manufacturer Warranties Car Tax by State DMV Fees Bank Payoffs . v. Mar. The Court conducted a conference with the parties on September 17, 2015 and held the majority of discovery in abeyance in light of the Defendant's pending Rule 12(c) motion. In determining whether a collection letter violates the FDCPA, courts in the Second Circuit utilize "the least sophisticated consumer" standard. 12. See McStay, 308 F.3d at 191 (noting that debt collection letter should be read and interpreted in its entirety); Shami v. Nat'l Enter. I HAD NO MAIL AT ALL!! Fin., No. 3, 2006) (language in the letter advising the debtor to contact the creditor by phone to "discuss your specific situation" did not contradict the language of the validation notice which advised the debtor to "dispute" the debt in writing to the debt collector); see also Harrison, 968 F. Supp. [citing Gabriele, 503 F. App'x at 94] . United States District Court, E.D. They will NOT threaten you. Both of those clarifying presentations are included here and ineluctably focus the consumer's attention on where to send her dispute. According to plaintiff, the letter is deceptive because the "consumer was completely left in the dark as to which address to send his or her dispute to." What this means to you if you have an outstanding debt with the IRS and you are selected as part of this program, the IRS WILL ALWAYS notify you regarding the transfer of your account to a private collection agency. 3d at 278 (applying materiality standard and finding that "Plaintiff has adequately alleged that the language [in the collection letter] could easily mislead the least sophisticated consumer about whether disputing the debt requires an oral or written communication, and, therefore, could impede the consumer's ability to respond."). PO BOX 2547. Coast Professional, Inc. P.O. Box 2217 Waterloo, IA 50704 . ., a consumer is presumed to have read a letter in its entirety. Indeed, the fact that both sides in this case have moved for summary judgment shows that plaintiff as well as defendant believes that this case can be resolved principally on the language of the letter. If you do not wish to work with your assigned private collection agency to settle your overdue tax account, you must submit this request in writing to the PCA. Sold out Quick view. Description. (internal quotation omitted); see Daly v. Capital Mgmt. Name: Charles . Additional DBA - Airport Shuttle & Delivery Service. Contact Us. Feb. 9, 2015) (citing Katz v. Sharinn & Lipshie, No. Southern Oregon Credit Services Debt Collection, Acquisition Management Group (AMG) Debt Collection. 2013) ("Many courts have read a materiality requirement into 1692e . 19-cv-5814, 2019 WL 1166449 (E.D.N.Y. 19, 2013) (internal quotations omitted); see Block v. First Blood Assoc.,988 F.2d 344, 350 (2d Cir. Alkhatib, 2015 WL 3507340, at *7 (quoting Mendez v. U.S. Nonwovens Corp.,2 F.Supp.3d 442, 451 (E.D.N.Y. Holdings Inc., No. 1692 et seq. Get a Quote. "If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted." Krupski v. Costa Crociere S. p. A., 130 S . An official website of the United States Government. Thus, the standard is objective and is treated as a question of law to be decided by the court. at 848 (noting that "language designed to encourage payment of the debt does not, in and of itself, overshadow a validation notice") (quoting Anthes v. Transworld Sys., Inc.,765 F.Supp. 5% (just like our nation's cops <