Freire v. Aldridge Connors, LLP

ORDER DENYING DEFENDANT’S MOTION TO DISMISS

DANIEL T.K. HURLEY, District Judge.

THIS CAUSE is before the Court upon Defendant Aldridge Connors, LLP’s Motion to Dismiss Plaintiffs Complaint [ECF No. 9]. The question presented is whether a notice attached to a civil complaint which seeks both to demand payment on a note and to foreclose a mortgage is a communication actionable under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692-1692p. For the reasons stated below, the Court holds that it is.

I. BACKGROUND

Plaintiffs Patricia and Christian Freire executed a promissory note…