Wood v. Capital One Services, Llc.

2011 WL 2154279 (N.D.N.Y. April 15, 2011)

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Nature of the Case

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Facts

Wood (P), brought this action against Capital One Bank (D). P holds a consumer credit account with D. Around October 2009, P received a letter entitled 'PRE-LEGAL NOTICE' ('Letter') from Capital One Services. The Letter indicated that P's account is delinquent and that legal action may be taken if P does not make a payment toward the balance. The reverse side of the Letter stated that Capital One Services, an affiliate of Capital One Bank, is the servicer of P's account. The Letter further provided a telephone number for information or payment options. This number routes callers to an operator for NCO, an alleged debt collector. P professes to allege nine separate causes of action, including eight claims under the FDCPA and one claim under NYGBL § 349. P filed a letter motion to compel discovery and Ds moved for protective orders.