Bates v. C & S Adjusters, Inc.
United States Court of Appeals for the Second Circuit
980 F.2d 865 (2d Cir. 1992)
Bates (plaintiff) incurred a debt while living in the Western District of Pennsylvania, where the creditor referred the account to C & S Adjusters (defendant), a Pennsylvania collection agency, which mailed a collection letter to Bates's Pennsylvania address. By then, Bates had moved to the Western District of New York, and because C & S had not marked the letter to prevent forwarding, the Postal Service forwarded it to his new address. Bates sued C & S there under the Fair Debt Collection Practices Act, but the district court dismissed for improper venue, reasoning venue belonged where C & S actually mailed the letter. Bates appealed.
Whether, in an action under the Fair Debt Collection Practices Act, venue exists in the district where the debtor resides and to which a collection agency's demand for payment was forwarded.