In addition, the court explicitly noted it was "not persuaded that the directive to call the creditor, AT & T, `overshadowed' or `contradicted' the first paragraph or was `misleading' with respect to that paragraph, in violation of the FDCPA." R. CIV. 04 CV 4006, 2006 WL 2570915, at *3 (E.D.N.Y. See Lerner, 240 F. Supp. Estimated Number Of Employees. ., a consumer is presumed to have read a letter in its entirety. None of those decisions, however, are controlling authority. P. 56(a). See Lotito, 2014 WL 4659464, at *8; Abramov, 54 F. Supp. 2012) ([A]lthough "[d]eceptiveness, includes the creation of ambiguity . . Monday - Friday 8am - 5pm Street Address: 624 Franklin St. Waterloo, IA 50703 (319) 291-4375 Mailing Address: PO Box 120 Waterloo, IA 50704 CV-02-3710, 2004 WL 958028, at *4 (E.D.N.Y. To determine what constitutes sufficient prejudice to warrant denial of a party's request to amend its pleading, "the Court considers whether the amendment would: (i) require the opponent to expend significant additional resources to conduct discovery and prepare for trial; (ii) significantly delay the resolution of the dispute; or (iii) prevent the plaintiffs from bringing a timely action in another jurisdiction." Publication 594, The IRS Collection Process. UMG, 2006 WL 3335048, at *2 (quoting T & N PLC v. Fred S. James & Co, of New York, 1991 WL 190581, at *2 (S.D.N.Y. Coast Professional, Inc. P.O. Sale price $ 54.95 Regular price $ 64.95. 2014) and Lotito v. Recovery Associates Inc., No. Co. v. Hapletah, No. Information presented about this collection agency may not be 100% accurate or may have changed since we created this page. 26-33, presents a closer question. He, I believe Doug is his name, has a real problem with numbers and names. Waterloo, IA 50704 Airways, 956 F.2d at 1255 ("The law of the case doctrine is admittedly discretionary and does not limit a court's power to reconsider its own decisions prior to final judgment."). See Am. This post office can't find anything when I go to ask about a missing box that was supposed to be delivered Dec. 10. still not found. See FED. Click on the case name to see the full text of the citing case. https://www.facebook.com/search/top/?q=Power Engineering & Mfg. ." Than our mail can be delivered faster. 1998)); Sorel, 2012 WL 3596487, at *4; Quinteros v. MBI Associates, Inc.,999 F.Supp.2d 434, 437 (E.D.N.Y. However, that is not the end of the issue. The corporation type is DOMESTIC LIMITED LIABILITY COMPANY. Plaintiff's argument has some attraction because of the functional similarity between the futility and failure to state a claim, on the one hand, and the standards under Rule 12(b)(6) and Rule 56 in some FDCPA cases as described above. Hauppauge, NY 11788-8809 . 2798, 2014 WL 46622, at *8 (E.D.N.Y. If you located this posting because your company also has unpaid freight charges with this company, contact Trans Recovery today. 1991); Barber v. Hornbeck Offshore Operators, LLC, No. 1980). Mar. Pl. First, the service . When analyzing whether statements overshadow or are inconsistent with the validation notice required pursuant to Section 1692g, courts apply the "least sophisticated consumer" standard. 03/29/2012. Fast and FREE public record search on Po Box 504 Waterloo IA 50704. ANTHONY M. VETRANO, Plaintiff, See Cantave v. CBE Grp. I got several calls from these 'people' on my cell phone. Hernandez v. Immortal Rise, Inc., No. All Rights Reserved. P.O. 12-CV-2440, 2013 WL 4883474, at *1 (E.D.N.Y. I am expecting an important letter from the VA. But notably, even in the two-address cases, the dispute resolution address was not proximate to the dispute resolution notice, or else one of the addresses was not labeled as a "Payment Processing Center" or department (or both). Does the Waterloo post office have an e-mail address where I can ask a question about a change of address? We would not have assigned your account to a private collection agency if you are: Recipient of supplemental security income (SSI) or social security disability insurance (SSDI), Adjusted gross income does not exceed 200% of the applicable poverty level. PO Box 232, Waterloo, IA 50704 1626 Easton Ave, Waterloo, IA 50702: Phone: (319) 883-3625: Living People Records. I ship on ebay and ship bout 50 items/packages a month give or take with USPS, Public Records. at 132; Alkhatib, 2015 WL 3507340, at *7; Golden Trade, 143 F.R.D. at 506. I also had 2 International pieces going to UK same date 5-23-22 Red Poinsettia STAMP one was received 5-30-22 the other never arrived. Id. The gravamen of Plaintiff's Section 1692e claim is that the collection letter at issue here was deceptive or misleading when viewed from the perspective of the least sophisticated consumer because it "was reasonably susceptible to an inaccurate reading concerning Plaintiff's right to dispute the debt by something other than in writing. Call type: Debt collector; Reply! Fed. Therefore, in deciding whether an amended pleading asserts colorable claims or defenses, the Court "is required to accept the material facts alleged in the amended [pleading] as true and draw reasonable inferences in the [movant's] favor." The validation notice must be clearly conveyed. In so ruling, the Magistrate Judge rejected defendant's argument that the proposed amendment was futile because it failed to state a claim, holding instead that "plaintiff has alleged the elements of a plausible claim under the FDCPA.". Listed below are the cases that are cited in this Featured Case. . 2505, 91 L.Ed.2d 202 (1986)). For the reasons set forth below, Plaintiff's motion to amend is GRANTED, in part, and DENIED, in part. Sunday: Closed: Monday - Friday9:00 AM - 5:00 PM: Saturday: 10:00 AM - 12:00 PM: Access Hours . 21 Oct 2010. Description. PO Box 385 Waterloo US, Iowa 50704 Click here because Linda is happy to help now . 2013) ("Many courts have read a materiality requirement into 1692e . We get some mail delivered to our new house, some to our old house, some that never shows up, and some that goes to a different town. We have recovered thousands of dollars in freight charges for several carriers already and we can help you recover yours, as well. Fax: 855-828-0729 Address: Veridian Fiscal Solutions, PO Box 4502, Waterloo, Iowa 50704 Veridian Fiscal Solutions is a division of The Veridian Group, Inc, a wholly owned subsidiary of Veridian Credit Union. % 1991)); Kolganov v. Phillips & Cohen Associates, Ltd., No. Fin., No. That is often the case when a plaintiff's claim is based entirely on the language of the collection letter at issue. It follows immediately in the instruction on how to raise a written dispute. There are 26 United States Postal Service collection boxes and post offices available to the public in Waterloo, IA. Feb. 22, 2019) (the law of the case doctrine is "driven by considerations" that include "judicial economy"); Weitzman v. Stein, 908 F.Supp. Phone: 1-800-925-6686 1-(866) 912-1312. All Rights Reserved. 100% Free! Click the citation to see the full text of the cited case. It would be nice if someone could get my package from the locker and leave it at my door. . In determining whether a collection letter violates the FDCPA, courts in the Second Circuit utilize "the least sophisticated consumer" standard. Contact Veridian CU for complete details. Preauthorized Direct Debit, a convenient and secure option that requires your written permission to authorize the PCA to draft a check, or a series of checks, on your behalf. CV 13-2337, 2015 WL 3507340, at *7 (E.D.N.Y. R. CIV. Both letters contain a Taxpayer Authentication Number. Citations are also linked in the body of the Featured Case. at 278. 179, 185 (E.D.N.Y. written return addresses. In short, despite Plaintiff's assertion that the phrase "Call us at (800) 348-3304 to discuss paying with a check by phone, credit card or debit card" did not also explicitly advise the debtor that he could use the same telephone number to dispute the debt, such language did not overshadow the validation notice nor would it lead the least sophisticated consumer to be confused or uncertain as to his right to dispute the debt which is clearly set forth in the validation notice itself. I've never seen such a poor service. June 3, 2015) ("If the movant has at least colorable grounds for relief, justice . After reviewing the collection letter, the Court is not persuaded by Defendant's argument. Page Last Reviewed or Updated: 03-Aug-2022, Request for Taxpayer Identification Number (TIN) and Certification, Employers engaged in a trade or business who pay compensation, Electronic Federal Tax Payment System (EFTPS). . Section 1692g of the FDCPA sets forth certain information that a debt collector must convey in writing to a debtor when attempting to collect a debt. A Black Hawk County Human Services is located at 1407 Independence Ave # 2, Waterloo, IA 50703. My household hasnt received mail in 3 days. It is taking LONGER for my PRESCRIPTIONS and PACKAGES to get here! 15-cv-8974, 2019 WL 859042, at *4 (S.D.N.Y. 's Reply") at 7-8. 3d at 278. Submit your email to receive the latest stories and expert advice at *9. 26-33. Fairport, NY 14450 As part of the Referral Order, Judge Seybert terminated Defendant's Rule 12(c) motion [DE 14] but permitted Defendant to "refile its motion after Plaintiff's motion to amended is decided." You can find up to date costs, information, and forms at the. 800-910-5837, Coast Professional, Inc. Airways, Ltd. v. Nat'l Mediation Bd., 956 F.2d 1245, 1255 (2d Cir. Public Private. In addition, Plaintiff fell "behind on payments allegedly owed. This is unacceptable. Waterloo Cedar Falls Courier Profile and History . 1401, 2006 WL 1455468, at *1 (E.D.N.Y. United States District Court, E.D. 2d at 259 (internal citation omitted) (alteration in original) (finding that collection letter which included the language "[y]ou may notify RCS in writing within thirty days of receipt of this letter that the debt or any portion of the debt is disputed" . Box 307 Fairport, NY 14450-0307 1-844-853-4875; Performant of Livermore, CA P.O. History. Fax 855-863-7189 Dear Provider: Thank you for accepting a recent referral from HOMELINK. Monday 9:30am - 5:00pmTuesday 9:30am - 5:00pmWednesday 9:30am - 5:00pmThursday 9:30am - 5:00pmFriday 9:30am - 5:00pmSaturday ClosedSunday Closed. Donation Payable. 2000). See Am. Although the fact that plaintiff may be one out of thousands of consumers who received this letter and was confused may be worth considering, it is not determinative of the effect of the letter on the hypothetical least sophisticated consumer. ." Id. New York. 2 0 obj 2013). "); Vu v. Diversified Collection Services, Inc., 293 F.R.D. Gabriele, 503 F. App'x at 95 (alteration omitted) (quoting Donohue v. QuickCollect, Inc.,592 F.3d 1027, 1034 (9th Cir. An official website of the United States Government. 1539 Oriole Ave, Waterloo, IA 50701. Routing Number: 273976369. Defendant maintains that this phrase "merely provides an address where written disputes may be sent. 1979) ("[T]he burden of undertaking discovery, which Chemical would have shouldered had the proposed amendment been incorporated . (emphasis added). 2004) (Section 1692e); Chavez v. MCS Claim Servs., Inc., No. Products and Services; Employment; Resource Library. 1993); Kirschenbaum v. Federal Ins. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Compl, Ex. 5-15 (noting that Plaintiff is a natural person alleged to have owed a debt and that Defendant "is a person who uses an instrumentality of interstate commerce or the mails in a business the principal purpose of which is the collection of debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another") (quoting 15 U.S.C. Please do not post personal information. How can I make certain that the contact is coming from a legitimate agency and not a scammer? 1992) (recognizing the general rule that in order to determine whether the amended pleading puts forth colorable grounds the court should apply the standards of Rule 12(b)(6)); Chan v. Reno,916 F.Supp. Add to cart Quick view. In Abramov, in the context of a motion to dismiss, the Court reviewed a debt collection letter which, in addition to the mandatory Section 1692g validation notice, also included the following statement: "If you feel you are or have been a victim of Theft of Identity, please follow the instructions above to dispute the debt to us in writing within 30 days of this notice and please call AT & T at 1-866-718-2011." Public . Click the citation to see the full text of the cited case. 15-CV-3160, 2016 WL 1171586 (E.D.N.Y. See Block, 988 F.2d at 351 (noting that the time, effort and money expended fail to rise to the level of "substantial prejudice" necessary to defeat a motion to amend); Kirschenbaum 505 B.R. Leave to amend is within the court's discretion. Sold out Quick view. Find public records for Po Box 504 Waterloo Ia 50704. Its used to confirm your identity. to no one? Directly below this phrase is the validation notice which begins with the language "[u]nless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid." Received excellent service by a representative at the Veterans Office. An anesthesiologist who provides a high level of care, either as a primary physician or consultant, for patients experiencing problems with acute, chronic and/or cancer pain in both hospital and . 2012); Alkhatib v. New York Motor Group, LLC, No. Apr. at 132; see Sparkman, 374 F. Supp. Put another way, the Court at this juncture cannot say that, as a matter of law, the phrase "Forward written disputes to: Po Box 2635, Waterloo, IA 50704-2635" as written and when read in conjunction with the first sentence of the validation notice did not violate the FDCPA when viewed from the perspective of the least sophisticated consumer. You can get help from individuals and organizations that are independent from the IRS. Balk, 2013 WL 6990767, at *5; see Williams v. Citigroup Inc.,659 F.3d 208, 213-14 (2d Cir. . Plaintiff's motion for summary judgment is denied, and defendant's motion for summary judgment is granted. Homelink Provider Network at Po Box 1860, Waterloo, IA 50704. Albion, NY 14411 Fast and FREE public record search on Po Box 2635 Waterloo IA 50704. we have not had mail for weeks. Alpine Tree Service Waterloo 50704 Iowa Bing map and direction Update Listing.