Opinion
CIV-22-002-D
01-26-2022
BRITTNEY BUCKNER and VANCE DOTSON, Plaintiffs, v. ENHANCED RECOVERY COMPANY, LLC, and ACCOUNT RESOLUTION SERVICES d/b/a HEALTHCARE REVENUE RECOVERY GROUP, LLC, and CAC FINANCIAL CORP., Defendants.
ORDER
TIMOTHY D. DeGIUSTI Chief United States District Judge.
On January 21, 2022, after examining the Complaint, the Court ordered Plaintiffs to show cause why Brittney Buckner's claims should not be dismissed. Among other things, the Court noted the Complaint was not signed by Brittney Buckner but was signed only by an individual who is not a licensed attorney, and this form of pleading was ineffective to bring Brittney Buckner's claims. See 01/21/22 Order [Doc. No. 7] at 1.
On January 26, 2022, Plaintiffs filed a Response [Doc. No. 8] and Amended Complaint [Doc. No. 9], both signed by Brittney Buckner. Because the Amended Complaint supersedes the original, the Court finds the defect of an unsigned pleading has been cured.
In the January 21 Order, the Court raised other issues that may affect Ms. Buckner's standing as a plaintiff, including an alleged “100 percent” assignment of her claims to Plaintiff Vance Dotson. See Am. Compl. ¶ 4. Plaintiffs' January 26 filings both include a copy of an “Assignment of Claim for Damages.” See Resp. at 10; Am. Compl. at 8. The Assignment is signed by “Br. Buckner” on August 24, 2021, the same day Ms. Buckner allegedly disputed certain accounts by telephone. See Am. Compl. ¶ 15. Because it is unclear when Ms. Buckner's claim under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1629 et seq., accrued, and thus when it could validly be assigned, if at all, the Court reserves for future inquiry the legal effect of the alleged Assignment.
The Court assumed in the January 21 Order that Oklahoma law would permit an assignment of Ms. Buckner's FDCPA claim. See Okla. Stat. tit. 12, § 2017(D) (“The assignment of claims not arising out of contract is prohibited.”). But the Court questioned whether Ms. Buckner would retain a right to sue on an assigned claim. See Order at 2 (quoting Redcorn v. Knox, 2014 OK CIV APP 109, ¶ 47, 345 P.3d 392, 402-03).
IT IS THEREFORE ORDERED that, subject to these conditions, the January 21 Order is satisfied.
IT IS ORDERED.