Bates v. C & S Adjusters, Inc.

980 F.2d 865 (2d Cir. 1992)

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Nature of the Case

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Facts

Bates (P) got a collection letter from C & S Adjusters, Inc. (D), a collection agency who was referred P’s debt by one of P’s creditors. Both P and D were originally based in Pennsylvania. However, P moved to New York, and the collection letters were forwarded to P in that state. P claimed that the letter violated the Fair Debt Collection Practices Act, and filed an action in the Western District of New York, where the letter was received. D moved to dismiss for improper venue; D did not reside there and had not mailed the letter there. The court granted the motion. P appealed.