United States Court of Appeals for the Second Circuit · 1992 · Civil Procedure
980 F.2d 865 (2d Cir. 1992)
Updated
Civil ProcedureVenueFair Debt Collection Practices Act28 U.S.C. § 1391(b)(2)FDCPAreceipt of collection noticesubstantial part of the eventsforwarded mail
Facts
Bates incurred the debt while living in the Western District of Pennsylvania, and the creditor there referred the account to C & S, a local collection agency that conducted no regular business in New York. After Bates moved to the Western District of New York, C & S mailed a collection notice to his former Pennsylvania address. The Postal Service forwarded the notice to Bates in New York, where he received it. Bates then sued in the Western District of New York alleging FDCPA violations.
Issue
Whether venue under 28 U.S.C. § 1391(b)(2) is proper in the district where a debtor received a debt collection notice that was forwarded there, even though the collector originally mailed the notice to the debtor's prior address in another district.
Rule
Under 28 U.S.C. § 1391(b)(2), venue is proper in any judicial district where a substantial part of the events giving rise to the claim occurred. For an FDCPA claim based on a collection notice, receipt of the notice is a substantial part of those events, and venue may therefore lie in the district of receipt even if the notice was forwarded there and not deliberately directed there in the first instance.
🔒
See the holding & full analysis
Create a free KwikCourt account to unlock the rest of this brief — and practice the case.
The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case
One of 10 multiple-choice questions for this case. Pick an answer to see why.
Nina Patel incurred a consumer debt while living in Columbus, Ohio. After she moved to Buffalo, New York, Lakeview Recovery Group mailed an allegedly unlawful collection letter to her old Ohio address, and the Postal Service forwarded it to Buffalo, where she received it.
If Nina files an FDCPA action in the federal district covering Buffalo, is venue proper?
Explanation. Venue is proper under § 1391(b)(2) in any district where a substantial part of the events giving rise to the claim occurred. In an FDCPA claim based on a collection notice, receipt of the notice is a substantial event because the consumer harm does not occur until receipt. The majority rejected any requirement that the defendant must have deliberately directed the communication to that district; that concern relates to personal jurisdiction, not venue.