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Ayers v. Portfolio Recovery Associates, LLC

United States District Court, D. Utah, Central Division

November 8, 2018

SARAH E. AYRES, Plaintiff,
v.
PORTFOLIO RECOVERY ASSOCIATES, LLC, Defendant.

          MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

          DAVID NUFFER UNITED STATES DISTRICT JUDGE.

         Defendant Portfolio Recovery Associates LLC ("PRA") filed a motion (the "Motion")[1] to dismiss Plaintiff Sarah E. Ayres's complaint.[2] 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.

         BACKGROUND

         "To 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."[3] 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, [4] the relevant facts for purposes of this Motion are as follows.

         Over a decade ago, Ayres opened a credit account with Capital One, on which she made purchases primarily for personal, family, or household purposes.[5] The last time Ayres made a purchase on or payment toward the account was before 2012.[6] Ayres ultimately defaulted on the account, leaving it with an outstanding balance.[7]

         Following Ayres's default, Capital One transferred the account to PRA, which is in the business of purchasing and collecting debts.[8] According to Ayres, when PRA acquired the account, any action to collect on her debt was already time-barred under applicable statutes.[9]Thereafter, on April 25, 2017, PRA sent a letter to Ayres in an attempt to collect the time-barred debt.[10] 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
Account Offers[:]
[1] Single Payment Savings Plan[:] Pay $4, 203.55 and SAVE $3, 439.27[;]
[2] 12 Month Savings Plan[:] Pay $382.14 for 12 consecutive months and SAVE $3, 057.14[;]
[3] 33 Month Installment Option[:] Pay $231.60 for 33 consecutive months[.]
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 successfully posted.
Your first payment must be received NO LATER than: 05/26/2017[.]
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 that purpose.[11]
Ayres did not choose any of the payment options offered in PRA's letter. Instead, she sued PRA for sending the letter.

         DISCUSSION

         Ayres asserts two causes of action against PRA. First, violation of the Fair Debt Collection Practices Act ("FDCPA").[12] And, second, violation of the Utah Consumer Sales Practices Act ("UCSPA").[13] As explained below, she is not entitled to relief under either statute.

         Ayres is not entitled to ...


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