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Kleczy v. First Fed. Credit Control, Inc.
Citations: 486 N.E.2d 204; 21 Ohio App. 3d 56; 21 Ohio B. 59; 1984 Ohio App. LEXIS 12646Docket: No. 1097
Court: Ohio Court of Appeals; November 15, 1984; Ohio; State Appellate Court
An appeal was made regarding a judgment from the Court of Common Pleas of Geauga County, which ruled that plaintiff-appellant Rudolph Kleczy, Sr. suffered no damages, leading to the dismissal of his complaint. The appellate court reversed this decision and remanded for further proceedings. The case arose after the appellant's adult daughter gave birth to a child who was in poor health and died after medical treatment. The appellant, who had her on his insurance policy, incurred medical expenses, most of which were covered by the insurance carrier, leaving a $43 balance owed to Pediatric Associates. This debt was sent to collection by defendant-appellee First Federal Credit Control, Inc. The appellee sent a "validation of debt notice" to the appellant, which he did not receive, followed by an "attorney letter" threatening further action if no response was received. After several communications, including a call from the appellant's wife to the appellee explaining the appellant's lack of legal obligation to pay, the appellee continued to demand payment. The appellant claimed emotional distress from these actions, which he alleged contributed to his divorce. He filed suit under the Fair Debt Collection Practices Act (FDCPA), arguing that the appellee violated provisions of 15 U.S.C. § 1692. The trial court found no evidence of damages from the alleged violations, leading to the dismissal of the complaint. The appellant's assignments of error were ruled without merit: 1. The court determined that the alleged abusive calls were made to the appellant's wife, who was not a party in the case, thus lacking standing to assert a violation. 2. The appellant's claim that the appellee attempted to collect more than owed was dismissed, as the correct amount due was established, with the documentary evidence indicating the appellant's responsibility for the balance. 3. The court found no legal violation regarding the appellee's use of aliases or pseudonyms. Overall, the appellate court's ruling highlights procedural missteps and evidentiary shortcomings in the appellant's claims against the appellees. The appellant's third assignment of error regarding the use of an alias by the appellee is deemed without merit. The appellant argues this practice violates Section 1692d(6) of Title 15, U.S. Code, but recent case law indicates that using a desk name is permissible as long as the caller accurately discloses their employer's name and the nature of their business. The court emphasizes that Section 1692d aims to prevent harassment, oppression, and abuse by debt collectors, and the use of an alias does not inherently constitute such behavior when proper disclosures are made. The fourth assignment of error, claiming a violation of Section 1692e(5) due to threats of actions that were not intended, is also found to be without merit. The language used by the appellee did not sufficiently imply a threat, as the appellee had taken further action by sending additional letters demanding payment, thus aligning with the requirements of the U.S. Code. Conversely, the fifth assignment of error regarding intentional infliction of emotional distress is upheld. The appellee's collection letter, designed to appear "Personal Confidential" while prominently displaying a "FINAL DEMAND FOR PAYMENT," was likely to cause embarrassment to the appellant, particularly since it could attract attention at the appellant's workplace. This tactic was seen as an attempt to coerce payment for a bill not owed by the appellant, thus violating Section 1692c, which restricts communication with consumers at their place of employment without proper consent. The trial court's ruling on the Plaintiff's claims was contested on two grounds. In Assignment of Error No. VI, the court found that the Plaintiff had not received offensive letters, which was deemed without merit as it had already been resolved in earlier assignments of error. In Assignment of Error No. VII, the court ruled that the Plaintiff suffered no damages from the Defendant's violations of 15 U.S.C. 1692 et seq., a conclusion also found to be without merit and previously addressed. The court acknowledged six findings in its judgment but did not refer to a specific collection letter sent to the Plaintiff at Johnson Rubber Company. It determined that the Defendant is liable for the emotional distress caused by this letter, noting the Plaintiff's testimony regarding significant emotional stress experienced. Despite this acknowledgment, the trial court dismissed the complaint without awarding damages. The appellate court reversed this decision and remanded the case for further proceedings to address the issue of damages. Judge Ford concurred with the decision, while Judge Cook dissented.