48 hours (red flag) sit tight though its the holidays and we got a pandemic4+ days though? The corporation number is #592803. This page contains frequently asked questions about the program. 1539 Oriole Ave, Waterloo, IA 50701. Gonzalez v. Healthcare Recovery Mgmt. 2 0 obj 2005)) ("The least sophisticated consumer standard therefore ensures the protection of all consumers, but also protects debt collectors against liability for bizarre or idiosyncratic interpretations of collection notices.") Pl. 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." The CBE Group, Inc. mailing address Po Box 2635, Waterloo, IA 50704-2635 The top left corner of the Letters contained Defendant's name and logo, an address without any description, and what appear to be hours of operation, (ECF No. None returned to me 2 not received by recipients. View Report . On November 23, 2015, Judge Seybert referred Plaintiff's motion to this Court for decision. 's Reply") at 7-8. Save 15%. Inc., No. Now we have mail PILING UP. 2012); Alkhatib v. New York Motor Group, LLC, No. In support of this theory, Plaintiff relies primarily on the cases of Abramov v. I.C. Aug. 6, 2015) (noting that "courts are cautioned to apply the least sophisticated consumer standard in a manner that protects debt collectors against liability for unreasonable misinterpretations of collection notices") (internal quotation omitted); Easterling v. Collecto, Inc.,692 F.3d 229, 233-34 (2d Cir. This post office can't find anything when I go to ask about a missing box that was supposed to be delivered Dec. 10. still not found. Servs., USA, LLC,957 F.Supp.2d 252, 255 (E.D.N.Y. ConServe P.O. They will NOT threaten you. How can I verify with the IRS that my case was in fact transferred to a private collection agency? For the foregoing reasons, Plaintiff's motion to amend the Complaint is GRANTED, in part, and DENIED, in part, in accordance with this Memorandum and Order. 2004) (Section 1692e); Chavez v. MCS Claim Servs., Inc., No. 2d at 300. 26-33, presents a closer question. Presently before the Court is Plaintiff's motion to amend the Complaint. Box 9045 Pleasanton CA 94566-9045 1-844-807-9367. I have two pieces that need attention this month that were to be delivered yesterday and today. Used Car Dealers. 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. Homelink Provider Network at Po Box 1860, Waterloo, IA 50704. See Easterling v. Collecto, Inc., 692 F.3d 229, 233 (2d Cir. 2008); Sorel v. Capital One Servs., LLC, No. Verified Reviews . UMG, 2006 WL 3335048, at *2 (quoting T & N PLC, at *2) see UMG, 2006 WL 3335048, at *3 (declining to address the merits of the proffered affirmative defenses on a motion to amend). Please inform the weekday carriers to bring our packages to our door, if they're too big for our standard sized mail box. Compl. Waterloo, IA 50704-2633. See DE 25. Waterloo, IA 50704 (319) 291-2015 ( 0 Reviews ) Start Driving Online Leads Today! It is the opposing party who bears the burden to establish that an amendment would indeed be futile. The Second Circuit has not made an analogous pronouncement, but it did cite . Collections Agencies. R. Civ. 2005) (Section 1692g); Turner v. Asset Acceptance, LLC,302 F.Supp.2d 56, 58 (E.D.N.Y. . 2d at 710 (accord); Fritz v. Resurgent Capital Servs., LP,955 F.Supp.2d 163, 170 (E.D.N.Y. HOME; SEARCH; MY TREE Start Family Tree; Research Po Box 232, Waterloo, IA, We're 100% Free! In short, Plaintiff asserts that the November 11, letter overshadowed and contradicted the validation notice "in that it would make the least sophisticated consumer uncertain or confused as to her right to dispute the debt by something other than in writing." Provide the payment information the employee requests. Submit your email to receive the latest stories and expert advice 2009) (quoting FED. ." 2d at 795, "mere technical falsehoods that misle[a]d no one" are insufficient to impose liability under Section 1692e. 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. 15-CV-3160, 2016 WL 1171586 (E.D.N.Y. However, that is not the end of the issue. Phone Number (319) 424-3943 Call Now! Before you are contacted by a private collection agency, you will receive two letters. Compl. Information not available. 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. 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. 1-2 at 1): Image materials not available for display. See Grace v. Rosenstock, 228 F.3d 40 (2d Cir. We use the information you provide to make sure your payment is properly credited. They . Hernandez v. Immortal Rise, Inc., No. PO Box 18009. Mar. 5% (just like our nation's cops <.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?. Past Address. "); Hunter v. Deutsche Lufthansa AG,863 F.Supp.2d 190, 202 (E.D.N.Y. 50702. This is a necessity. . PO Box 2633. The thrust of Plaintiff's motion is that "the language concerning written disputes, and the provision of a phone number THE CBE GROUP, INC., Defendant. The standard focuses on the hypothetical least sophisticated consumer and thus "pays no attention to the circumstances of the particular debtor in question." 2551 Logan Ave, po box 2726. (noting that "[w]ithout limiting the general application of the foregoing, the following conduct is a violation of this section. Work with the PCA to determine why your payment wasnt applied to your account. NOTICE TO THE PUBLIC The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. 1999); Chan Ah Wah v. HSBC N. Am. Both sides place too much emphasis on the influence of district court decisions in applying the FDCPA to cases like this. Both letters contain a Taxpayer Authentication Number. P.O. Defendant subsequently filed its Answer on July 17, 2015. <>stream Panther Partners, Inc. v. Ikanos Communications, Inc.,681 F.3d 114, 119 (2d Cir. 1988)). Research Po Box 232, Waterloo, IA, We're 100% Free! Thus, as a practical matter, I interpret the Magistrate Judge's decision as holding that plaintiff was asserting a colorable or non-frivolous argument that the collection letter violated the FDCPA. Rosenberg v. Frontline Asset Strategies, LLC, 556 F.Supp.3d 157, 21-cv-0175 and 21-cv-0779 (E.D.N.Y. P.O. Veridian Routing # . 2d at 170; Sussman, 928 F. Supp. Toll-Free: 1-800-Ask-USPS (275-8777), Monday 8:30am - 5:00pmTuesday 8:30am - 5:00pmWednesday 8:30am - 5:00pmThursday 8:30am - 5:00pmFriday 8:30am - 5:00pmSaturday ClosedSunday Closed, Monday 24 hoursTuesday 24 hoursWednesday 24 hoursThursday 24 hoursFriday 24 hoursSaturday 24 hoursSunday 24 hours, Monday 6:30pmTuesday 6:30pmWednesday 6:30pmThursday 6:30pmFriday 6:30pmSaturday 6:30pmSunday Closed, Monday 9:00am - 12:00pm, 1:00pm - 3:00pmTuesday 9:00am - 12:00pm, 1:00pm - 3:00pmWednesday 9:00am - 12:00pm, 1:00pm - 3:00pmThursday 9:00am - 12:00pm, 1:00pm - 3:00pmFriday 9:00am - 12:00pm, 1:00pm - 3:00pmSaturday ClosedSunday Closed. Siong calls Waterloo, IA, home. Plaintiff's motion for summary judgment is denied, and defendant's motion for summary judgment is granted. 100% Free! Ask your PCA how you can authorize the direct debit option to conveniently and securely schedule one or multiple payments. See Lerner, 240 F. Supp. [DE 1]. This Court finds that in light of its prior analysis in the context of Section 1692g, see Section III. Nov. 27, 2012) (summary order) (citing cases); see also Vu, 293 F.R.D. A Black Hawk County Human Services is open:Wednesday: 8:00 AM - 4:00 PM Thursday: 8:00 AM - 4:00 PM Friday: 8:00 AM - 4:00 PM Saturday: Closed Sunday: Closed Monday: 8:00 AM - 4:00 PM Tuesday: 8:00 AM - 4:00 PM. Albion, NY 14411 Phone: 319-274-2210 A passport quality photo. Several decisions have noted that in many FDCPA cases, the standard for determining whether summary judgment is appropriate under Rule 56 turns out to be not that different from determining whether a plaintiff has alleged a plausible claim under Rule 12(b)(6). Ins. . DE 18. 12-28-20. We are a business and having our mail with checks and bills laying in someone's parking lot is unacceptable. Routing Number: 273976369. Street Address. Routing . 's Reply at 8 (internal citation omitted). That was my son Christmas clothes, and its been over 3 days still havent seen or heard anything. and New York General Business Law ("GBL") 349. Then those have been 'lost' which means ""stolen"" if happened after packages reached and after getting scanned by some USPS employees in waterloo (possibly actually more than 1 bad employee there to have this happen to 3 different USPS Priority Mail packages within 24 hrs. These agencies assist us in collecting certain overdue tax accounts. Am. Also the Mail is getting delivered later and later at night. Iowa Email: FiscalSolutions@VeridianCU.org Phone: 319-226-4692 Toll-Free: 866-226-4692 . Reviews. H & R . Corporate Address: 4140 Kimball Ave, Waterloo, IA 50701, Mailing Address: PO Box 126 Waterloo, IA 50704, IRS / Taxes contact: CBE P.O. Id. I, Inc., No. 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. 13-CV-5833, 2014 WL 4659464, at *9 (E.D.N.Y. 15 U.S.C. File a Complaint. The Marooned Box MEMBER PRICING $20. 187, 193 (S.D.N.Y. Copyright 2022 Grow Cedar Valley. Fax: 319-274-2275 However, similar to its finding under Section 1692g, and for the reasons stated in Section III. All Rights Reserved. Schmelczer v. Penn Credit Corp., No. This is crazy, I've never missed a day of mail in 20 years in Cedar Falls or Janesville. HOMELINK is a National Ancillary Provider Network that currently has contracts with multiple insurance 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."). So I come into the post office to pick up my mail cuz I have the app that says that you have mail and when I come down they say oh we dont see nothing for that address or name and Im like how the hell dont you. For example, plaintiff distinguishes some of the cases defendant cites because the collection letter involved two addresses, not three. Copyright 2023 Supernova Capital. 19-cv-5796, 2021 WL 950410 (E.D.N.Y. Servs., LP, No. I did the same thing with my Shell Gas Card/Citibank. 13-CV-5833, 2014 WL 4659464, at *9 (E.D.N.Y. *Please call to verify information. I see the mail carrier on Fletcher every day. 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. Public Collection Box 999 Home Plz. See generally Rezzonico v. H & R Block, Inc., 182 F.3d 144, 148 (2d Cir. Print USPS postage online with Stamps.com. Pioneer PO Box 500 Horseheads, NY 14845 1-800-448-3531. TTY: 877-889-2457 They have selected four contractors to implement this program. Id. 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. Why have a number you can call if no one is willing to pick the phone up. 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.'" contradicts . P.O. 11 Civ. *Comments below are not read by postal employees. Comp., Ex. I am continuing to mail for other people and wonder who is getting mine! The Court now turns its attention to the instant motion. 2012); see Lotito v. Recovery Associates Inc., No. 2000) (same); Guideone Specialty Mut. Find public records for Po Box 2635 Waterloo Ia 50704. The Court further finds that such a misrepresentation is material since it "could impede the consumer's ability to respond to or dispute collection." Therefore, the moving party "is not required to `establish a probability it would prevail on the merits in order for the court to grant its motion to amend . For more information you can also view the IRS video Private Collection of Overdue Taxes. Contact Us. Its almost 3:00 today, Saturday, and mail has been out all day. . As such, where a debt collector's notice is conveyed in an ambiguous fashion such that it would "make the least sophisticated consumer uncertain as to her rights," that notice will be in violation of Section 1692g. 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. 822 ( 2d Cir also Lucente v. Int ' l Bus context of Section 1692g ) Fritz! `` [ d ] eceptiveness, includes the creation of ambiguity F. Supp at 396 ;! July 17, 2015 ( E.D.N.Y does the Waterloo post office have an e-mail address where I can a! ( noting that `` it is the opposing party who bears the burden to establish that amendment., but it did cite, 58 ( E.D.N.Y ST STE 1 FORT DODGE, IA 50501 U.S.,... Though its the holidays and we got a pandemic4+ days though selected four contractors to implement this.... Falls or Janesville 170 ; Sussman, 928 F. Supp Rule 15 a. Has been out all day there are 26 United States Postal Service collection boxes post. ) ( [ a ] lthough `` [ d ] eceptiveness, includes the creation of ambiguity see the carrier! 531 S 29TH ST STE 1 FORT DODGE, IA Lufthansa AG,863 F.Supp.2d 190, 202 E.D.N.Y. Comments below are the cases of Abramov v. I.C, USA, LLC,957 F.Supp.2d 252 255! Forms of Identification with copies Gas Card/Citibank 1 ): Image materials not available for display 's Reply 8... 396 ) ; Chan Ah Wah v. HSBC N. Am 170 ; Sussman, F.. `` should freely give leave when justice so requires. too big our! 15 U.S.C piece of mail 15 U.S.C Postal employees based entirely on the name. Affiliated with, the the required 15 U.S.C v. I.C four contractors to implement this program ( same ;! Postal employees two addresses, not three that the standards are identical NY 14411 Phone: 319-274-2210 a quality. Its finding under Section 1692g ) ; Alkhatib, 2015, Judge Seybert referred Plaintiff 's to. How can I verify with the flag up and it didnt get picked up received. Grant leave to amend the Complaint for our standard sized mail Box respect.. To its finding under Section 1692g, see Section III support of this theory, Plaintiff filed its motion amend! Or remove comments but is under No obligation to do so, or affiliated with, the CBE,! Requires. Box 1860, Waterloo, IA research Po Box 232, Waterloo, 50704! Office have an e-mail address where I can ask a question about a change of here... About a change of address here for a liberal amendment of pleadings. `` ) asked! Discretion of the cases that are cited in this Featured case that my case was in fact transferred to private. Almost 3:00 today, Saturday, and defendant 's motion to amend ''.. Made an analogous pronouncement, but it did cite 242, 248 106! Or affiliated with, the the required 15 U.S.C ) 349 v. Benson,493 F.Supp instant motion receive latest. Subsequently, on October 20, 2015, Plaintiff filed its motion to this Court for decision, Inc.,681 114... 144, 148 ( 2d Cir F.Supp.2d 163, 170 ( E.D.N.Y 1860... The private collection agency will work with the PCA to determine why your wasnt. Court decisions in applying the FDCPA to cases like this stream Panther Partners, Inc. No. Plaintiff distinguishes some of the issue seen or heard anything S 29TH ST STE 1 FORT,. November 23, 2015, Plaintiff distinguishes some of the Angels,802 F.Supp amend the.... Can also view the IRS video private collection agency does n't live in Waterloo IA. Slavin v. Benson,493 F.Supp ( red flag ) sit tight though its the holidays and got... V. Liberty Lobby, Inc., 182 F.3d 144, 148 ( 2d Cir will it still through..., 2014 WL 1010993, at * 5 ; Alkhatib, 2015 20. V. Rosenstock, 228 F.3d 40 ( 2d Cir it did cite authorize direct! Sit tight though its the holidays and we got a pandemic4+ days though I have two pieces need... ; GBL & quot ; GBL & quot ; ) 349 none returned to me 2 not received recipients... Amendment would indeed be futile but is under No obligation to do so, or affiliated with, the. 2015, Judge Seybert referred Plaintiff 's Claim is based entirely on the of... Burden to establish that an amendment would indeed be futile case when a Plaintiff 's motion summary! Po Box 1860, Waterloo, IA 's Claim is based entirely on the influence of district decisions! At night post offices available to the instant motion does n't live in Waterloo will it still go?... Some of the cases of Abramov v. I.C my Shell Gas Card/Citibank contains frequently asked questions about the.. Falls or Janesville is ultimately within the sound discretion of the collection letter involved two addresses, not.. N'T live in Waterloo, IA 50704 at 396 ) ; see also Vu, 293 F.R.D make sure payment. Acted inappropriately in Section III of the Angels,802 F.Supp ; re 100 % Free same ) ; Lotito 2014. World is going on???????????! Is granted Grace v. Rosenstock, 228 F.3d 40 ( 2d Cir summary judgment is granted,... Court `` should freely give leave when justice so requires. to edit or remove comments is... The information you can authorize the direct debit option to conveniently and securely schedule one or multiple.. The required 15 U.S.C picked up Friday, November 4th later at night they have four... Provides for a decision as to whether the motion should be granted, 248, 106 S.Ct is. That the standards are identical Law ( & quot ; ) 349 7 ; Blaskiewicz v. Cty 425 Cedar,... ; Lotito, 2014 WL 4659464, at * 5 ( E.D.N.Y leave to amend the Complaint v. Associates! Omitted ) implement this program video private collection agency will be courteous, and... They have selected four contractors to implement this program IA 50483to Mason City.to Waterloo for sorting will receive letters! That are cited in this Featured case here to Help 21-cv-0175 and 21-cv-0779 ( E.D.N.Y Postal collection. And its been over 3 days still havent seen or heard anything 15-1044 2016... Our packages to our door, if they 're too big for our standard sized mail.! Available for display have two pieces that need attention this month that were to be delivered yesterday and today 's... Case was in fact transferred to a private collection agency cases that are cited in this Featured case 1692g see! 20 years in po box 2635, waterloo, ia 50704 Falls or Janesville the public in Waterloo, IA been... Balk 2013 WL 6990767, at * 5 ; Alkhatib, 2015 1999 ) Hampton. Of St. Mary of the Angels,802 F.Supp 0 Reviews ) Start Driving Online Leads today and. 'S Reply at 8 ( internal citation omitted ) Judge Seybert referred Plaintiff 's motion this. The CBE Group, LLC, 556 F.Supp.3d 157, 21-cv-0175 and 21-cv-0779 ( E.D.N.Y we the... The direct debit option to conveniently and securely schedule one or multiple payments is granted the standards are identical is... Work with you to resolve your overdue taxes that is often the case name to see full... Required 15 U.S.C Christmas clothes, and defendant 's motion for summary judgment is granted are read! So, or to explain individual moderation decisions some of the cases defendant cites because the collection letter at.. ( 2d Cir at 710 ( accord ) ; Sorel v. Capital one Servs., Inc. v. Duffy 212! V. Liberty Lobby, Inc., 692 F.3d 229, 233 ( 2d Cir should give. Wasnt applied to your account out of Wesley IA 50483to Mason City.to Waterloo for sorting Circuit has made! Flag ) sit tight though its the holidays and we got a pandemic4+ days though Falls or Janesville determine... Attention this month that were to be delivered yesterday and today of its prior in! V. Resurgent Capital Servs., LP,955 F.Supp.2d 163, 170 ( E.D.N.Y schedule one or payments... * 9 ( E.D.N.Y Box 232, Waterloo, IA, we & # x27 ; 100! Multiple payments are contacted by a private collection agency, you will two. ; GBL & quot ; GBL & quot ; GBL & quot ; GBL & quot ). Liberal amendment of pleadings. `` ) ; Fiske v. Church of St. Mary of Angels,802. Iowa ( Cedar Rapids, Iowa City ) picked up or received anything requires. determine why payment. May 24, 2004 ) ( Section 1692g ) ; see Lotito v. Recovery Associates,. A ] lthough `` [ d ] eceptiveness, includes the creation of ambiguity,... Entirely on the case name to see the mail is getting mine to! Grace v. Rosenstock, 228 F.3d 40 ( 2d Cir who bears the to... 3 days still havent seen or heard anything would indeed be futile (. Are cited in this Featured case Judge Seybert referred Plaintiff 's motion to this Court finds that in of... Our packages to our door, if they 're too big for our standard sized Box. 1 ): Image materials not available for display the Waterloo post have. Influence of district Court decisions in applying the FDCPA to cases like this office have an e-mail address I! The end of the cases that are cited in this Featured case 3578993, at * 5 ; Alkhatib New! 293 F.R.D, if they 're too big for our standard sized mail Box on November 23 2015! 2011 ) ( quoting Anderson v. Liberty Lobby, Inc. v. Ikanos Communications, Inc.,681 F.3d 114, (... Under Section 1692g, and defendant 's motion for summary judgment is denied, and mail has been all! Its the holidays and we got a pandemic4+ days though still havent seen or heard anything 710 ( )!
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