Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Beauvoir v. Israel

United States Court of Appeals, Second Circuit

July 21, 2015

GARY BEAUVOIR, HUSBENE BEAUVOIR, on behalf of themselves and all other similarly situated consumers, Plaintiffs-Appellants,
v.
DAVID M. ISRAEL, Defendant-Appellee. [*]

Argued June 24, 2015

On Appeal from the United States District Court for the Eastern District of New York. The question presented is whether money owed as a result of theft of unmetered natural gas qualifies as a " debt" for purposes of the Fair Debt Collection Practices Act, 15 U.S.C. § § 1692-1692p (" FDCPA" ). We hold that money owed as a result of theft is not an " obligation or alleged obligation of a consumer to pay money arising out of a transaction" and, therefore, does not constitute a " debt" for purposes of the FDCPA. 15 U.S.C. § 1692a(5) . We thus affirm the August 7, 2014 judgment of the United States District Court for the Eastern District of New York (Frederic Block, Judge).

LEVI HUEBNER, Levi Huebner & Associates, PC, Brooklyn, NY, for Plaintiffs-Appellants.

MATTHEW J. BIZZARO, L'Abbate, Balkan, Colavita & Contini, L.L.P., Garden City, NY, for Defendant-Appellee.

Before: CABRANES, POOLER, and DRONEY, Circuit Judges.

OPINION

Page 245

José A. Cabranes, Circuit Judge :

The question presented is whether money owed as a result of theft of unmetered natural gas qualifies as a " debt" for purposes of the Fair Debt Collection Practices Act, 15 U.S.C. § § 1692-1692p (" FDCPA" ).

We hold that money owed as a result of theft is not an " obligation or alleged obligation of a consumer to pay money arising out of a transaction" and, therefore, does not constitute a " debt" for purposes of the FDCPA. 15 U.S.C. § 1692a(5).

We thus affirm the August 7, 2014 judgment of the United States District Court for the Eastern District of New York (Frederic Block, Judge ).

BACKGROUND

Plaintiffs Gary and Husbene Beauvoir appeal from the District Court's August 7, 2014 judgment granting defendant's motion to dismiss and dismissing plaintiffs' complaint.

On March 8, 2013, the Beauvoirs filed their putative class action complaint against defendant David M. Israel, an attorney representing National Grid New York (" National Grid" ), a company that provided natural gas to the Beauvoirs' home. The complaint alleged that Israel sent the Beauvoirs a letter on April 23, 2012, which stated that National Grid had referred the matter to him " for purposes of collection of the debt in the amount set forth above, based upon the consumption of unmetered gas" at the Beauvoirs' residence. J.A. 20. Although the letter advised the Beauvoirs of their right to dispute National Grid's claim, it did not advise them that they had thirty days to do so ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.