Monogram Credit Card Bank of Georgia v. Mata

OPINION OF THE COURT

Lucy Billings, J.

Defendant Nestor F. Mata Jr. has moved to dismiss this action for failure to state a claim. (CPLR 3211 [a] [7].) For the reasons explained below, the court denies defendant’s motion.

I. Background

Plaintiff’s complaint seeks to recover an unpaid credit card *97debt based on claims for breach of contract and an account stated. Defendant Nestor F. Mata Jr. maintains that the action must be dismissed because plaintiffs attorney, functioning as a debt collector, failed to provide the debt verification defendant requested and was entitled to under the Federal Fair…