United States District Court, E.D. Virginia, Norfolk Division
MEMORANDUM OPINION & ORDER
RAYMOND A. JACKSON, UNITED STATES DISTRICT JUDGE.
the Court is Defendant Plaza Services, LLC's Motion to
Dismiss for failure to state a claim, pursuant to Federal
Rule of Criminal Procedure 12(b)(6) ("Rule 12(b)(6)
Motion"). Def.'s Mot. to Dismiss, ECF No. 4. The
Parties have fully briefed this matter and it is ripe for
disposition. The Court also finds that a hearing will not aid
judicial determination. For the reasons stated below,
Defendant's Motion to Dismiss is DENIED.
FACTUAL AND PROCEDURAL HISTORY
incurred a consumer debt owned by First Virginia, the
original creditor, prior to November 18, 2016. See
Def.'s Mem. Ex. A, ECF No. 5. Defendant subsequently
purchased Plaintiff's debt from First Virginia and
currently owns the debt. Id.
sent an initial collection letter to Plaintiff on November
18, 2016. Id. The collection letter contained three
paragraphs, the last of which was the "validation
notice." Id. A validation notice is a paragraph
that advises a consumer of their outstanding debt and their
respective rights to dispute that debt under the Federal Debt
Collections Practices Act ("FDCPA"), 15 U.S.C.
Complaint alleges that Defendant's validation notice is
deficient and violates the requirements of 15 U.S.C. §
1692g ("§ 1692g"). Compl. ¶ 12, ECF No.
1. Plaintiff further alleges that the letter's first
paragraph overshadows the validation notice, in violation of
§ 1692g. Compl. ¶ 14, ECF No. 1. Plaintiff believes
she has been damaged as a result of Defendant's alleged
deceptive, misleading and unfair debt collection practices.
Compl. ¶ 19, ECF No. 1.
filed her Complaint in the United States District Court for
the Eastern District of Virginia on February 20, 2016. ECF
No. 1. The complaint contains one count alleging
Defendant's debt collection efforts violated the FDCPA.
Compl. ¶¶ 20-22, ECF No. 1. This includes, but is
not limited to, 15 U.S.C. §§ 1692e, 1692f, and
1692g. Compl. ¶ 21, ECF No. 1.
filed this Rule 12(b)(6) Motion to Dismiss Plaintiff's
complaint, and its brief in support of its Motion to Dismiss,
on March 14, 2017. ECF Nos. 4, 5. Plaintiff filed her
response in opposition to Defendant's Motion to Dismiss
on March 28, 2017. ECF No. 10.
12(b)(6) Motion to Dismiss alleges that a plaintiff has
"fail[ed] to state a claim upon which relief can be
granted." Fed.R.Civ.P. 12(b)(6). Essentially, a Rule
12(b)(6) Motion challenges the legal sufficiency of a
complaint. Francis v. Giacomelli, 588 F.3d 186, 192
(4th Cir. 2009) (citing Jordan v. Alt. Res. Corp.,
458 F.3d 332, 338 (4th Cir. 2006)). Importantly, a Rule
12(b)(6) Motion does not "resolve contests surrounding
the facts, the merits of a claim, or the applicability of
defenses." Republican Party of North Carolina v.
Martin, 980 F.2d 943, 952 (4th Cir. 1992).
state a claim for relief, a pleading must contain "a
short and plain statement of the claim showing that the
pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2). In
order for a complaint to survive a Rule 12(b)(6) Motion, it
need not assert "detailed factual allegations, "
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 545
(2007), but it must contain sufficient factual matter to
state a claim to relief that is plausible on its face.
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing
Twombly, 550 U.S. at 570). A court must assume the
factual allegations are true and construe them "in the
light most favorable to the plaintiff." Martin,
980 F.2d at 952. As a threshold matter, a court must first
separate the legal conclusions, which are not entitled to the
assumption of truth. Iqbal, 556 U.S. at 589-90. A
court "need not accept as true unwarranted inferences,
unreasonable conclusions, or arguments." E. Shore
Mkt. Inc. v. J.D. Assoc. Ltd. P 'ship, 213 F.3d 175,
180 (4th Cir. 2000).
"must consider the complaint in its entirety, as well as
other sources courts ordinarily examine when ruling on Rule
12(b)(6) motions to dismiss, in particular, documents
incorporated into the complaint by reference, and matters of
which a court may take judicial notice." Tellabs,
Inc. v. Makor Issues & Rights, Ltd, 551 U.S. 308,
322 (2007). In other words, a court is not limited to the
four corners of the complaint, but may consider other
documents such as "official public records, documents
central to plaintiffs claim, and documents sufficiently
referred to in the complaint so long as the authenticity of
these documents is not disputed." Witthohn v. Fed.
Ins. Co., 164 Fed.App'x 395, 396 (4th
Cir. 2006); see also 5B Charles Alan Wright et al.,
Federal Practice and Procedure § 1357 (3d ed. 2004 and
Supp. 2007)). This is a context-specific task that requires
the court to draw on its "judicial experience and common
sense." Francis, 588 F.3d at 193.
Motion to Dismiss for failure to state a claim for relief
"should not be granted unless it appears to a certainty
that the plaintiff would be entitled to no relief under any
state of facts which could be provided in support of his
claim." Johnson v. Mueller, 415 F.2d 354, 354
(4th Cir. 1969); see also Neitzke v. Williams, 490
U.S. 319, 325-26 (1989).
primary issue presented is whether Plaintiff's factual
allegations, when taken as true, plausibly demonstrate ...