MIAMI — A district judge has granted a motion to dismiss in favor of Transworld Systems Inc. in a case in which a Florida man alleges violations of the Fair Debt Collections Practices Act (FDCPA).
The ruling from Judge Paul C. Huck of the U.S. District Court for the Southern District of Florida allows the plaintiff, Rene Mesa, the opportunity to refile his complaint. In his complaint, Mesa alleged at least seven instances where the Transworld alleged violated the law.
Mesa alleges that he received calls on his cellphone from different numbers claiming to represent Transworld. Mesa claims that not only were the calls automated but they were received "after numerous requests to cease and desist."
When Mesa returned the calls, he claims the company did not advise him that it was attempting to collect a debt and it did not identify itself as a debt collector.
Mesa says he was finally given information about the debt when he pulled a credit report and discovered he was listed as being late on his student loans. Mesa alleges that no late payments should have been reported because the loan was in default.
Huck dismissed most of the claims against the defendant because they were outside of the time limitations of the FDCPA and the late payments on Mesa’s credits reports were placed by the Department of Education, not Transworld.
Huck provided advice to the plaintiff regarding proper procedure should he go forward and refile his lawsuit against the defendants
"In the interest of clarity, the plaintiff is advised to allege and identify specific facts to support each element of each alleged violation in each count,” Huck wrote in the ruling. “Plaintiff should provide a 'short and plain statement' of the claims and include only those facts relevant to each claim. Plaintiff is further admonished to write clearly and concisely, avoiding tangential history lessons or extraneous information.”
Huck dismissed the complaint but allowed him to refile, providing the plaintiff complies with the federal rules of procedure and the local rules of Florida Southern District.