United States District Court, D. Utah, Central Division
SARAH E. AYRES, Plaintiff,
PORTFOLIO RECOVERY ASSOCIATES, LLC, Defendant.
MEMORANDUM DECISION AND ORDER GRANTING
DEFENDANT'S MOTION TO DISMISS
NUFFER UNITED STATES DISTRICT JUDGE.
Portfolio Recovery Associates LLC ("PRA") filed a
motion (the "Motion") to dismiss Plaintiff Sarah E.
Ayres's complaint. The Motion is made under rule 12(b)(6) of
the Federal Rules of Civil Procedure. Because Ayres has
failed to state a claim on which relief can be granted, the
Motion1 is GRANTED.
survive a motion to dismiss, a complaint must allege facts
that, if true, state a claim to relief that is plausible on
its face. A claim is facially plausible when the allegations
give rise to a reasonable inference that the defendant is
liable." Accepting Ayres's well-pleaded factual
allegations as true, "view[ing] them in the light most
favorable to" Ayres, and considering the letter
referenced in her complaint,  the relevant facts for purposes
of this Motion are as follows.
decade ago, Ayres opened a credit account with Capital One,
on which she made purchases primarily for personal, family,
or household purposes. The last time Ayres made a purchase on or
payment toward the account was before 2012. Ayres ultimately
defaulted on the account, leaving it with an outstanding
Ayres's default, Capital One transferred the account to
PRA, which is in the business of purchasing and collecting
debts. According to Ayres, when PRA acquired the
account, any action to collect on her debt was already
time-barred under applicable statutes.Thereafter, on
April 25, 2017, PRA sent a letter to Ayres in an attempt to
collect the time-barred debt. The letter read:
Every day [PRA] works with people to create flexible payment
arrangements to resolve their debt. We would love the
opportunity to do the same for YOU.
Please contact us. We are standing by and ready to help.
CURRENT BALANCE DUE: $7, 642.82
 Single Payment Savings Plan[:] Pay $4, 203.55 and SAVE
 12 Month Savings Plan[:] Pay $382.14 for 12 consecutive
months and SAVE $3, 057.14[;]
 33 Month Installment Option[:] Pay $231.60 for 33
Savings Plan: The savings will be applied to the balance and
your account will be considered "Settled in Full"
after your final payment is successfully posted.
Installment Option: Your account will be considered
"Paid in Full" after your final payment is
Your first payment must be received NO LATER than:
The law limits how long you can be sued on a debt and how
long a debt can appear on your credit report. Due to the age
of this debt, we will not sue you for it or report payment or
non-payment of it to a credit bureau.
This communication is from a debt collector and is an attempt
to collect a debt. Any information obtained will be used for
Ayres did not choose any of the payment options offered in
PRA's letter. Instead, she sued PRA for sending the
asserts two causes of action against PRA. First, violation of
the Fair Debt Collection Practices Act
("FDCPA"). And, second, violation of the Utah
Consumer Sales Practices Act
("UCSPA"). As explained below, she is not entitled
to relief under either statute.
is not entitled to ...