978-1285770178 Case Printout Case CPC-24-07

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W.D.N.Y.,2012.
Engler v. Atlantic Resource Management, LLC
Slip Copy, 2012 WL 464728 (W.D.N.Y.)
No. 10CV968S.
Feb. 13, 2012.
Frank Junior Borgese, Graham Law PC, Buffalo, NY, for Plaintiff.
DECISION AND ORDER
II. BACKGROUND
Plaintiff Michael E. Engler is a resident of Erie County, New York. (Comp., Docket No. 102, 4.) Defendant
Atlantic Resource Management, LLC (“Atlantic”) is engaged in the business of debt collection and was employed
by Bank of America to collect a debt Engler allegedly incurred and defaulted on. (Comp.¶ 10.) On November 2,
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v. Artect, Inc., 653 F.2d 61, 65 (2d Cir.1981).
B. Liability
the consumer, and, only if expressly requested, identify his employer.”
Further, 15 U.S.C. § 1692c(b) provides in part that:
[A] debt collector may not communicate, in connection with the collection of any debt, with any person other than
the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney
of the creditor, or the attorney of the debt collector.
reader.
Section 1692e also prohibits debt collectors from using false, deceptive, or misleading representations to collect
a debt. That statute prohibits:
(2) The false representation of(A) the character, amount, or legal status of any debt....
* * *
(7) The false representation or implication that the consumer committed any crime or other conduct in order to
disgrace the consumer.
* * *
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain
information concerning a consumer.
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v. Artect, Inc., 653 F.2d 61, 65 (2d Cir.1981).
B. Liability
the consumer, and, only if expressly requested, identify his employer.”
Further, 15 U.S.C. § 1692c(b) provides in part that:
[A] debt collector may not communicate, in connection with the collection of any debt, with any person other than
the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney
of the creditor, or the attorney of the debt collector.
reader.
Section 1692e also prohibits debt collectors from using false, deceptive, or misleading representations to collect
a debt. That statute prohibits:
(2) The false representation of(A) the character, amount, or legal status of any debt....
* * *
(7) The false representation or implication that the consumer committed any crime or other conduct in order to
disgrace the consumer.
* * *
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain
information concerning a consumer.

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