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Goetze v. CRA Collections, Inc.

United States District Court, D. Minnesota

November 28, 2017

TODD GOETZE, Plaintiff,
v.
CRA COLLECTIONS, INC., a/k/a R C Service; UNITED CONCORDIA DENTAL, INC.; JOHN DOE; ABBY DOE; KATHY DOE; TABITHA DOE; and ROBERT HUNT, Defendants.

          William T. Anderson, Law Office of William T. Anderson, Counsel for Plaintiff.

          No appearance on behalf of Defendants CRA Collections, Inc., or Robert Hunt.

          MEMORANDUM OF LAW & ORDER

          Michael J. Davis United States District Court

         I. INTRODUCTION

         This matter is before the Court on Plaintiff's Motion for Default Judgment Against Defendants CRA Collections, Inc. and Robert Hunt. [Docket No. 22] The Court heard oral argument on November 16, 2017. Defendants did not appear. Plaintiff's motion is granted.

         II. BACKGROUND

         A. Factual Background

         Plaintiff Todd Goetze lives in Shakopee, Minnesota. (Compl. ¶ 4.) Goetze is a natural person and alleges that he is a “consumer” under 15 U.S.C. § 1692a(3).

         Defendant CRA Collections, Inc. (“CRA”) is a corporation in the business of collecting debts, including through interstate telephone calls, with its principal place of business in Mechanicsburg, Pennsylvania. (Compl. ¶¶ 5-6.) CRA is also known as R C Service. (Id. ¶ 5.) CRA is a “debt collector” under 15 U.S.C. § 1692a(6). (Compl. ¶ 6.)

         Defendant Robert Hunt is a natural person, CRA's owner, and a “debt collector” under 15 U.S.C. § 1692a(6). (Compl. ¶¶ 7, 21.)

         Defendant United Concordia Dental, Inc. (“United Concordia”) is a corporation with its principal place of business in Harrisburg, Pennsylvania. (Compl. ¶ 8.)

         During July 2014, CRA made multiple telephone calls to Goetze's attorney, William Anderson. (Compl. ¶ 9.) Goetze had hired Anderson to represent him in filing for Chapter 7 bankruptcy and for pursuing claims against debt collectors who violated the Fair Debt Collection Practices Act. (Id. ¶ 29.) CRA used an automated message, which failed to disclose CRA's identity, during multiple telephone calls. (Id. ¶¶ 12, 16.) Nor did the calls identify CRA as a debt collector. (Id. ¶¶ 12, 16.)

         Anderson called back the number from which CRA's calls originated. (Compl. ¶ 17.) After speaking with uncooperative representatives, who failed to provide their true identities or CRA's legal name (referring to it as RC Service) (id. ¶¶ 19-21), he was told that CRA's owner, Hunt, would call him back (id. ¶ 21.) However, Hunt did not call Anderson back. (Id. ¶ 22.)

         One of the representatives informed Anderson that the debt in question was $421.83 arising out of receipt of dental services, which went into default for failure to pay. (Compl. ...


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