Lauer v. Credit Collection Services

Filing 35

MEMORANDUM DECISION AND ORDER granting 30 Motion for Summary Judgment. Signed by Judge David Nuffer on 10/6/15 (Attachments: # 1 Comparison of Collection Calls) (alt)

Call No. 1
January 19, 2014 at 2:14 PM EST1
MS. MILES: Hello. May I please
speak with Larry Lauer?
MR. LAUER: Speaking. Who's
this?
MS. MILES: Hi, sir. This is
Victoria Miles calling from CCS,
Credit Collection Services. Please
be advised, this is an attempt to
collect a debt and any information
obtained will be used for that
purpose. And this call may be
monitored and/or recorded for
quality assurance. AT&T Mobile
placed your past due account of
$114.25 to this office.
MR. LAUER: AT&T Mobile was
paid in full. You have no right to
come after me. I even have papers
saying it was paid in full. Now, go
away.
MS. MILES: Sir, your check was-(Call ended abruptly.)
(The call was concluded.)5

Comparison of Collection Calls Between CCS and Larry Lauer
Call No. 2
Call No. 3
2
January 22, 2014 at 6:08 PM EST
February 5, 2014 at 3:11 PM EST3
MS. PERRIN: Hello.
MS. JACOBS: Good afternoon.
MR. LAUER: Hello.
Please, I'd like to speak with Larry
MS. PERRIN: May I please speak Lauer please.
with Larry Lauer?
MR. LAUER: Speaking. Who's
MR. LAUER: Speaking.
this?
MS. PERRIN: Thank you. My
MS. JACOBS: My name, sir, is
name is Katlin Perrin. I'm calling
Joanna Jacobs and I'm giving you a
from CCS, Credit Collection
phone call, sir, from CCS. CCS,
Services. Please be advised, this is (inaudible) Credit's Collection
an attempt to collect a debt and any Services, sir.
information obtained will be used
MR. LAUER: On who?
for that purpose. This call may be
MS. JACOBS: I'm sorry?
monitored-MR. LAUER: On who's behalf?
MR. LAUER: Who you trying to
MS. JACOBS: Uh, this is
collect for?
regarding AT&T Mobility.
MS. PERRIN: Let me just tell
MR. LAUER: Good. Now that
you, this call may be monitored
you've called me again, I start my
and recorded for quality assurance. lawsuit. Good-bye.
AT&T has placed your past due
(The call was concluded.)7
balance of $114.25 to their office
for recovery. We can clear your
account -MR. LAUER: Here's what I'm
going to do. I'm only going to tell

1

See Account Notes at 3, attached as Exhibit B to CCS's Motion on the Collection Calls, docket no. 30-2, filed June 5, 2015.

2

See id. at 3–4.

3

See id. at 4.

4

Id.

5

Transcript of Call No. 1, attached as Exhibit C to CCS's Motion on the Collection Calls, docket no. 30-3, filed June 5, 2015.

7

Call No. 4
February 9, 2014 at 9:36 PM EST4
MS. FRANZ: Hello. May I please
speak with Larry Lauer?
MR. LAUER: Speaking.
MS. MILES: Mr. Lauer, this is
Melody Franz calling from CCS,
Credit Collection Services. Please
be advised, this is an attempt to
collect a debt and any informationMR. LAUER: No.
MS. FRANZ: -- obtained will be
used for that purpose. This call
may be monitored -MR. LAUER: Good.
MS. FRANZ: -- and/or recorded
for quality assurance. AT&T -MR. LAUER: Do whatever you
can.
MS. FRANZ: Okay. My name is
Melody and I'm calling from Credit
Collection Services. AT&T-MR. LAUER: (Inaudible).
MS. FRANZ: -- Mobility placed
your past due account with this

Transcript of Call No. 3, attached as Exhibit E to CCS's Motion on the Collection Calls, docket no. 30-5, filed June 5, 2015.

Lauer v. Credit Collection Services, 1:14-cv-00062-DN

1

you one more time. That bill was
paid in full when I shut the phones
off. Now, you guys back off and
leave me alone or I will find you in
court and I will sue your ass.
MS. PERRIN: This is your final
bill (inaudible).
MR. LAUER: Now leave me
alone. It was paid and I have
papers to prove it.
MS. PERRIN: Okay. Can you -MR. LAUER: Now leave me
alone.
MS. PERRIN: -- send that
paperwork into our office?
MR. LAUER: You bother one
more time with a phone call -MS. PERRIN: Collection action
people continue (inaudible).
MR. LAUER: And I'll find you in
court. You've been told and you
have been warned.
MS. PERRIN: -- has been paid in
full.
MR. LAUER: Good-bye.
MS. PERRIN: This needs to be
resolved. You need to go through
the proper channels to do so-(Call ended abruptly.)
(The call was concluded.)6

6

Transcript of Call No. 2, attached as Exhibit D to CCS's Motion on the Collection Calls, docket no. 30-4, filed June 5, 2015.

8

office for recovery. The current
amount due -MR. LAUER: Your name is
Melody.
MS. FRANZ: -- is $114.25.
MR. LAUER: Your name is
Melody, correct?
MS. FRANZ: Uh, that is correct.
The current amount -MR. LAUER: Good.
MS. FRANZ: -- due is $114.25.
MR. LAUER: Now, very shortly
you'll be hearing from my attorney.
Good-bye.
(The call was concluded.)8

Transcript of Call No. 4, attached as Exhibit G to CCS's Motion on the Collection Calls, docket no. 30-7, filed June 5, 2015.

Lauer v. Credit Collection Services, 1:14-cv-00062-DN

2