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Bates v. C & S Adjusters, Inc.

United States Court of Appeals for the Second Circuit
980 F.2d 865 (2d Cir. 1992)


Facts

Phillip Bates (plaintiff) received a collection notice from C & S Adjusters, Inc. (C & S) (defendant). Based on the notice, Bates filed suit in the United States District Court for the Western District of New York, alleging violations of the Fair Debt Collection Practices Act. Bates had incurred the debt in question while he lived in the Western District of Pennsylvania. The creditor, whose principle place of business was also in the Western District of Pennsylvania, referred the matter to C & S, also a Pennsylvania corporation. C & S mailed the collection letter to Bates at his Pennsylvania address, but Bates had subsequently moved to the Western District of New York. The U.S. Postal Service forwarded the notice to Bates’s New York residence where he received it and subsequently commenced suit in the United States District Court for the Western District of New York. C & S then filed a motion to dismiss the case because of improper venue. The United States District Court for the Western District of New York granted the motion to dismiss based on improper venue. Bates appealed.

Rule of Law

Issue

Holding and Reasoning (Newman, J.)

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