Facts

Gayle Norton filed suit against Mandarich Law Group.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that she took out a CareCredit loan for personal, family, or household purposes from Synchrony Bank; that she fell behind on the payments for the loan; that her loan was purchased by Midland Credit Management, Inc.; that the defendant was employed by Midland as its agent-in-fact to collect the debt; that, on November 9, 2021, she wrote to Midland to tell them she refused to pay the debt and not to contact her again; that, on January 3, 2022, she wrote a second letter to that same effect to Midland; that she received confirmation from the U.S. Postal Service that Midland received the letter on January 14, 2022; that she received a letter from the defendant on February 16, 2022; that although she never sent a letter to cease contact directly to the defendant, it contacted her on behalf of Midland in response to her letter; that the defendant's letter referenced a request for verification despite the fact the plaintiff had sent no communications to defendant or Midland; that the defendant must have been referring to her letters to Midland, so the defendant must have had actual knowledge of the letters; that the defendant's letter was a violation of the Fair Debt Collection Practices Act; and that the defendant had violated the Rosenthal Fair Debt Collection Practices Act.

DEFENDANT'S CONTENTIONS: The defendant denied any liability or wrongdoing. Moreover, the defendant contended that the plaintiff failed to state a claim because she admitted she had not sent a letter to it directly, which was a necessary element of the statutory provisions underlying her claim.

Result

The court granted the defendant's motion to dismiss without leave to amend.