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Greco v. Trauner, Cohen & Thomas, L.L.P.

United States Court of Appeals for the Second Circuit

May 26, 2005, Argued ; June 21, 2005, Decided

Docket No. 04-4605-cv

Opinion

 [*361]  CALABRESI, Circuit Judge:

Plaintiff-appellant Andrew A. Greco ("Greco") appeals the dismissal of his complaint pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. Greco brought suit under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("FDCPA"), against defendants-appellees Robert Trauner, Michael J. Cohen, and Russell S. Thomas, along with their law firm, Trauner, Cohen & Thomas, L.L.P. (collectively, "the defendants" or "the law firm"). On the [**2]  basis of the pleadings and the attachments thereto, see Fed. R. Civ. P. 12(c), the district court found that no FDCPA violation could possibly have occurred. For the reasons that follow, we affirm.

I. BACKGROUND 

On November 20, 2002, Greco received a debt collection letter (also known as a "dunning letter") from the defendants. The letter, printed on Trauner, Cohen & Thomas, L.L.P. letterhead, read as follows:

Dear Andrew A Greco:

The firm of Trauner, Cohen & Thomas is a law partnership representing financial institutions in the area of creditors rights. In this regard, this office represents the above named BANK OF AMERICA who has placed this matter, in reference to an original account with [sic] for collection and such action as necessary to protect our client.

At this time, no attorney with this firm has personally reviewed the particular circumstances of your account. However, if you fail to contact this office, our client may consider additional remedies to recover the balance due.

If you have any questions regarding this matter, please contact this office at 404.233.1900 or toll free at 1.888.696.1900 [**3]  between the hours of 8 A.M. and 9 P.M. on Friday, and 8 A.M. to 2 P.M. on Saturday.

Very truly yours,

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412 F.3d 360 *; 2005 U.S. App. LEXIS 11835 **

ANDREW A. GRECO, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. TRAUNER, COHEN & THOMAS, L.L.P., ROBERT TRAUNER, MICHAEL J. COHEN AND RUSSELL S. THOMAS, Defendants-Appellees.

Prior History:  [**1]  Appeal from the dismissal of a complaint alleging violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq. Held that because the debt collection letter contained disclaimers sufficient to bar, as a matter of law, any recovery under FDCPA, dismissal was appropriate.

Greco v. Trauner, Cohen & Thomas, L.L.P., 2004 U.S. Dist. LEXIS 28197 (W.D.N.Y., July 12, 2004)

CORE TERMS

debt collection, involvement, law firm, collection, debt collector, letters, district court, misleading, consumer, sophisticated, disclosure, signature, rights, no attorney, practices, thirty days, implies, notice

Banking Law, Consumer Protection, Fair Debt Collection, General Overview, Real Property Law, Landlord & Tenant, Tenant's Remedies & Rights, Fair Debt Collection Practices Act, Civil Procedure, Appeals, Standards of Review, De Novo Review, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Judgments, Pretrial Judgments, Judgment on Pleadings, Governments, Courts, Judicial Precedent