On February 2, Judge Robert T. Dawson, in the Western District of Arkansas,
granted a defendant debt collector’s motion for summary judgment. The court determined Monterey Financial Service LLC’s responses to plaintiff Kyle Steven Johnston’s debt validation request did not constitute harassment and satisfied Monterey’s obligations under the FDCPA.
At issue in the case was a time share membership. Per the membership’s agreement, Johnston was required to make monthly payments, including special assessments. Notably, Johnston conceded that he stopped making payments pursuant to this agreement. Johnston eventually became aware that his credit was being negatively affected, and he sent a letter to Monterey asking it to verify the original signed contract. Johnston then sent a second letter disputing the debt.