United States District Court, S.D. Florida
BLOOM, UNITED STATES DISTRICT JUDGE
CAUSE is before the Court upon Defendant's
Motion for Summary Judgment, ECF No.  (the
“Motion”). The Court has carefully reviewed the
Motion, the record, all supporting and opposing filings, the
exhibits attached thereto, and is otherwise fully advised.
For the reasons that follow, Defendant's Motion is
Sergio Maximiliano (“Plaintiff”), has filed a
putative class action against Defendant Simm Associates, Inc.
(“Simm”) asserting claims for purported
violations of the Fair Debt Collection Practices Act
(“FDCPA”). See ECF No. .
Plaintiff's claims are based upon a September 12, 2016
demand letter sent by Simm seeking payment of a consumer
debt. The letter directed to Plaintiff states in pertinent
CLIENT: PAYPAL CREDIT BALANCE $3, 986.07 ACCOUNT #:
************7010 SIMM #: ***8871
ORIGINAL CREDITOR: Comenity Capital Bank ORIGINATION DATE:
09/17/2013 CHARGED OFF: 10/23/2015
Your account has been forwarded to this office for
collections. This is a formal demand upon you for your
payment of this debt; however our client, PAYPAL CREDIT, has
authorized us to accept a discounted payoff of your current
outstanding balance to settle the account in full.
See ECF No. [8-1].
demand letter identifies “PAYPAL CREDIT” as the
“CLIENT” on whose behalf Simm seeks to collect
the debt and “Comenity Capital Bank” as the
“ORIGINAL CREDITOR.” See ECF No.  at
¶¶ 14-15 (caps in original). It does not list a
current creditor even though Comenity Capital Bank
(“Comenity”) is the current creditor.
Id. at ¶16; ECF No.  at ¶¶ 6-7.
two-count Amended Complaint sues Simm for a violation of 15
U.S.C. § 1692g(a)(2) for failure to name the creditor to
whom the debt is owed in the demand letter and a violation of
15 U.S.C. § 1692e for sending a misleading and false
demand letter that identifies PayPal Credit as the creditor
(“CLIENT”) even though Comenity is the creditor
to whom the debt is owed. See ECF No. . It is
undisputed that Plaintiff is a “consumer” as
defined by 15 U.S.C. §1692a(3) and that Simm is a
“debt collector” as defined by 15 U.S.C.
§1692a(6). See ECF No.  at ¶¶
Credit allows consumers to make online purchases without
using a credit card by offering an open-ended credit plan
from Comenity. See ECF No.  at ¶ 8.
PayPal Credit works like a virtual credit card in that
Comenity pays the merchant on the consumer's behalf, and
then seeks repayment from the consumer for all extensions of
credit it has been authorized to charge to the consumer's
account. Id. at ¶ 9. In this case, Plaintiff
opened a Comenity account that was branded and marketed as
PayPal Credit. Id. at ¶ 10.
support of its Motion, Simm provided screen shots of the
PayPal homepage, which identifies PayPal Credit at the top of
the screen. Id. at ¶¶ 11-12. Advertising
on the PayPal website makes repeated references to PayPal
Credit such as: “When you need to buy something, you
don't want to wait. With PayPal Credit, you can enjoy
special financing offers . . . .;” “Easy Payments
with PayPal Credit lets you get what you need, when you need
it, and budget your payments as you go;” “Whether
you are on your computer or on your mobile device, PayPal
Credit gives you the flexibility to check your statements,
make payments and more right from your PayPal account.”
Id. at ¶ 13.
Credit's homepage does not contain any references to
Comenity. Id. at ¶ 14. The website's
references to Comenity are located in the Frequently Asked
Questions page, which can only be accessed by selecting the
“FAQ” link. Id. at ¶ 15.
Comenity's role as the true creditor is not revealed
unless a consumer goes under “PayPal Credit
Basics” and selects “What is PayPal
Credit.” Id. at ¶ 16. At this point, it
is revealed that “PayPal Credit is a line of credit
offered by Comenity Capital Bank that gives you the
flexibility to pay for your purchase now, or pay over
time.” Id. The FAQs also make limited
references to Comenity when discussing credit approval.
See ECF No. [35-4]. Other than these few references
to Comenity, the remainder of the FAQs refer to the financial
product offered as “PayPal Credit.” ECF No. 
at ¶ 17. Other FAQs include topics such as: ...