MICHAEL A. SHIPP, District Judge.
This matter comes before the Court on the motion of Defendant CCS Commercial, LLC, doing business as Credit Collection Services Commercial ("CCS" or "Defendant"), for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. (ECF No. 7.) Plaintiff Hasan Kazmi ("Kazmi" or "Plaintiff') filed opposition (ECF No. 11), and CCS replied (ECF No. 14). The Court has carefully considered the parties' submissions and decided the matter without oral argument pursuant to Local Civil Rule 78.1. For the reasons stated below, the Court grants Defendant's motion for judgment on the pleadings.
Plaintiff brings suit against CCS for alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692(p)("FDCPA").
In May 2014, Progressive Insurance Company ("Progressive") hired CCS to collect on subrogation claims owed to Progressive. (Id. ¶ 3.) On May 6, 2014, and again on May 27, 2014, CCS sent correspondence to Plaintiff attempting to collect on a subrogation claim in the amount of $15,637.50 that arose out of a motor vehicle accident. (Id. ¶¶ 3-4, 7.) Upon receiving the aforementioned correspondence, Plaintiff notified Progressive that he was not involved in the motor vehicle accident and that he did not own the motor vehicle involved in the accident. (Id. ¶ 5.) After being advised by Progressive to remove the account from its files, CCS sent Plaintiff correspondence on June 10, 2014, advising him that the collection file was being closed. (Id. ¶ 9.) CCS included the following language in its June 10, 2014 correspondence:
(Id.)
Motions for judgment on the pleadings are governed by Rule 12(c) of the Federal Rules of Civil Procedure. A party may move for judgment on the pleadings "[a]fter the pleadings are closed-but early enough not to delay trial. . . . "Fed. R. Civ. P. 12(c). "A motion for judgment on the pleadings will not be granted unless the movant clearly establishes that no material issues of fact remain unresolved, and that the movant is entitled to judgment as a matter of law." Nationwide Mut. Ins. Co. v. Brown, 226 F. App'x 153, 154-55 (3d Cir. 2007) (citing Soc'y Hill Civic Ass'n v. Harris, 632 F.2d 1045, 1054 (3d Cir. 1980)). "A Rule 12(c) motion for judgment on the pleadings may be filed after the pleadings are closed." Turbe v. Gov't ofthe V. I., 938 F.2d 427, 428 (3d Cir. 1991). "Rule 12(h)(2) provides that a defense of failure to state a claim upon which relief can be granted [(normally a Rule 12(b)(6) defense)] may also be made by a motion for judgment on the pleadings." Id. In these situations, courts apply the same standard as they would under Rule 12(b)(6). Id.; see Nationwide, 226 F. App'x at 155. A motion to dismiss under Rule 12(b)(6) may be granted only if, after "accepting all well-pleaded allegations in the complaint as true, and viewing them in the light most favorable to the plaintiff, plaintiff is not entitled to any relief." In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1420 (3d Cir. 1997).
CCS asserts that this matter does not fall within the purview of the FDCPA because the "debt" requirement is not met, and thus the subrogation claim does not arise out of a "transaction." (Def.'s Moving Br. 2, ECF No. 7.) CCS further argues that it is not subject to the FDCPA requirements simply because it identifies itself as a "debt collector" in its correspondence.
There must be a "debt" for the FDCP A to be applicable. Zimmerman v. HBO Affiliate Grp., 834 F.2d 1163, 1167 (3d Cir. 1987); 15 U.S.C. § 1692(e). The FDCPA defines debt as:
15 U.S.C. § 1692(a)(5). "[N]ot all obligations to pay are considered `debts' subject to the FDCPA. Rather, the FDCPA may — be triggered only when an obligation to pay arises out of a specified `transaction.'" Hawthorne v. Mac Adjustment, Inc., 140 F.3d 1367, 1371 (11th Cir. 1998); see Zimmerman, 834 F.2d at 1167-69 (holding: "the statute does not define the nature of the `transaction(s)' which may give rise to a `debt.'"). While "transaction" is not defined in the statute, "[a] fundamental canon of statutory construction [provides] that in the absence of statutory definition, [the court] give[s] terms their ordinary meaning." Bass v. Stolper, Koritzinsky, Brewster & Neider, S.C., 111 F.3d 1322, 1325 (7th Cir. 1997). Webster's New World Dictionary defines "transaction" as a business deal or agreement. Id. (citing Webster's New World Dictionary 1509 (2d ed. 1986)). In Hawthorne, the Eleventh Circuit held that defendant's claim that plaintiff violated the FDCPA when it attempted to collect on a subrogation claim against him was barred. 140 F.3d at 1373. The court reasoned that damages resulting from an automobile accident do not arise out of any consensual or business dealing and, thus, do not constitute a transaction under the FDCPA. Id. at 1371. The facts of the present case are very similar to those in Hawthorne, and the Court finds the Hawthorne court's reasoning highly persuasive.
For the above reasons, the Court grants the Defendant's motion for judgment on the pleadings. An order reflecting this decision accompanies
This matter comes before the Court on the motion of Defendant CCS Commercial, LLC, doing business as Credit Collection Services Commercial ("Defendant"), for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. (ECF No. 7.) Plaintiff Hasan Kazmi filed opposition (ECF No. 11 ), and CCS replied (ECF No. 14). The Court has carefully considered the parties' submissions and decided the matter without oral argument pursuant to Local Civil Rule 78.1. For the reasons set forth in the accompanying Memorandum Opinion, and other good cause shown,
IT IS on this 15