Thomas v. Law Firm of Simpson & Cybak

REARGUED EN BANC JUNE 2, 2004 Frank Thomas appeals from the district court's dismissal of his suit which alleged that General Motors Acceptance Corporation (""GMAC""), the law firm Simpson & Cybak (""Simpson""), and their employees failed to send him a debt validation notice advising him of his rights as a debtor within five days of their initial communication with him, as is required by the Fair Debt Collection Practices Act (""FDCPA""), 15 U.S.C. §§ 1692-1692o. Two principal questions are raised in this appeal: whether a creditor's letter to a debtor and whether a debt collector's initiation of a lawsuit in state court constitute ""initial communications"" within the meaning of the FDCPA. In dismissing Thomas's case for failure to state a claim, the district court determined that the creditor's letter to the debtor constituted an ""initial communication,"" while the debt collector's initiation of the lawsuit did not. We disagree with both conclusions. Accordingly, we reverse the district court's decision to dismiss Thomas's claim against Simpson, and we remand for further proceedings.