A debt collection letter does not violate the FDCPA if the validation notice is clear to an unsophisticated consumer, even if placed on the back of the communication.
A debt collector sends a dunning letter urging immediate action and warning of legal consequences, placing the statutory validation notice on the back. The plaintiff argues this structure violates the Fair Debt Collection Practices Act by overshadowing her rights and requests a consumer survey. The court applies the unsophisticated consumer standard, requiring clarity for individuals with rudimentary financial knowledge. It rules that language urging immediate action constitutes puffery rather than a contradictory deadline, and placing the notice on the back does not create confusion when the front directs the reader to it. Because the letter is clear as a matter of law, the court affirms the dismissal and denies the survey request.
At page 636 Determining if a dunning letter is misleading under FDCPA48 citing casesholding that, while the confusing nature of a collection letter is generally considered a question of fact, “a plaintiff fails to state a claim and dismissal is appropriate as a matter of law when it is apparent from a reading of the letter that not even a significant fraction of the population wou…
- Kalebaugh v. Cohen, McNeile & Pappas, P.C., 76 F. Supp. 3d 1251 (D. Kan. 2015).published (holding that, while the confusing nature of a collection letter is generally considered a question of fact, “a plaintiff fails to state a claim and dismissal is appropriate as a matter of law when it is apparent from a…)
- Erin Johnson v. Enhanced Recovery Co., LLC, 961 F.3d 975 (7th Cir. 2020).published (As a general matter, we view the confusing nature of a dunning letter as a question of fact that, if well‐pleaded, avoids dismissal on a Rule 12(b)(6) motion.)
- Husain v. Bank of Am., NA, No. 1:18-cv-07646 (N.D. Ill. Feb. 18, 2020).(a plaintiff fails to state a claim and dismissal is appropriate as a matter of law when it is apparent from a reading of the letter that not even a significant fraction of the population would be misled by it)
- Walston v. Nationwide Credit, Inc., No. 1:18-cv-07877, 2019 WL 4139002 (N.D. Ill. Aug. 30, 2019).([A] plaintiff fails to state a claim and dismissal is appropriate as a matter of law when it is apparent from a reading of the letter that not even a significant fraction of the population would be misled by it.)
- Rueda v. Midland Credit Mgmt., Inc., No. 1:19-cv-01739 (N.D. Ill. Aug. 21, 2019).([A] plaintiff fails to state a claim and dismissal is appropriate as a matter of law when it is apparent from a reading of the letter that not even a significant fraction of the population would be misled by it.)
- Ryan Boucher v. Fin. Sys. of Green Bay, I, 880 F.3d 362 (7th Cir. 2018).published“as a general matter, we view the confusing nature of a dunning letter as a question of fact that, if well-pleaded, avoids dismissal on a rule 12(b)(6) motion.”
- Pollard v. Law Off. of Mandy L. Spaulding, 766 F.3d 98 (1st Cir. 2014).published “global credit's repeated threat of legal action . . . fails to convert the letter's puffery into a contradictory payment deadline.”
- Mercer Belanger Prof'l Corp. v. Edward Gaeta, 241 N.E.3d 1159 (Ind. Ct. App. 2024).published Credit Collection Corp, 679 F.3d 632, 636 (7th Cir. 2012); see also Durkin v. Equifax Check Servs., Inc., 406 F.3d 410, 416 (7th Cir. 2005).
- Gaeta v. Mercer Belanger Prof'l Corp., No. 4:16-cv-00058 (N.D. Ind. Aug. 11, 2021).Credit & Collection Corp., 679 F.3d 632, 636 (7th Cir. 2012); see also Durkin v. Equifax Check Servs., Inc., 406 F.3d 410, 416 (7th Cir. 2005) (“This validation period, however, is not a grace period: a debt collector is perfectly free to…
- Fellenz, Mikayla v. The Stark Collection Agency, Inc., No. 3:19-cv-00946 (W.D. Wis. Dec. 4, 2020).Credit & Collection Corp., 679 F.3d 632, 636 (7th Cir. 2012) (quoting Taylor v. Cavalry Inv., L.L.C., 365 F.3d 572, 574 (7th Cir. 2004)).
Show 35 more citing cases
- Lee v. Franklin Collection Serv., Inc., No. 1:20-cv-01268 (N.D. Ill. Nov. 23, 2020). Credit & Collection Corp., 679 F.3d 632, 636 (7th Cir. 2012).
- Sykes v. Veripro Solutions, Inc., No. 1:19-cv-07897 (N.D. Ill. Aug. 21, 2020).“apparent from a reading of the letter that not even a significant fraction of the population would be misled by it”
- Africano-Domingo v. Miller & Steeno, P.C., No. 1:19-cv-00401 (N.D. Ill. Aug. 10, 2020). In this Circuit, “the confusing nature of a collection letter is a question of fact that, if well-pleaded, avoids dismissal on a Rule 12(b)(6) motion.” Zemeckis v. Global Credit & Collection Corp., 679 F.3d 632, 636 (7th Cir. 2012). “[A] d…
- Soyinka v. Franklin Collection Serv., Inc., 472 F. Supp. 3d 463 (N.D. Ill. 2020).published “district judges are not good proxies for the unsophisticated consumer whose interest the statute protects”
- Owens, Stephanie v. United Credit Serv. Inc., No. 3:19-cv-00372 (W.D. Wis. May 29, 2020). Credit & Collection Corp., 679 F.3d 632, 636 (7th Cir. 2 The court may consider the letter attached to defendant’s motion to dismiss without converting the motion to a motion for summary judgement because (1) the complaint references the l…
- Tinsley v. Consum. Adjustment Co. Inc, No. 1:19-cv-01344, 2020 WL 1558105 (C.D. Ill. Apr. 1, 2020).“apparent from a reading of the letter that not even a significant fraction of the population would be misled by it”
- Alexander v. Consum. Adjustment Co. Inc, No. 1:19-cv-01399, 2020 WL 1559861 (C.D. Ill. Apr. 1, 2020).“apparent from a reading of the letter that not even a significant fraction of the population would be misled by it”
- Salvatore, Michelle v. Americollect, Inc., No. 3:19-cv-00447 (W.D. Wis. Feb. 5, 2020).Zemeckis v. Global Credit & Collection Corp., 679 F.3d 632, 636 (7th Cir. 2012) (quoting Taylor v. Cavalry Inv., L.L.C., 365 F.3d 572, 574 (7th Cir. 2004)).
- Neal Preston v. Midland Credit Mgmt., 948 F.3d 772 (7th Cir. 2020).published Credit & Collec‐ 25 tion Corp., 679 F.3d 632, 636 (7th Cir. 2012)).
- Africano-Domingo v. Miller & Steeno, P.C., No. 1:19-cv-00401 (N.D. Ill. Jan. 16, 2020). In this Circuit, “the confusing nature of a collection letter is a question of fact that, if well-pleaded, avoids dismissal on a Rule 12(b)(6) motion.” Zemeckis v. Global Credit & Collection Corp., 679 F.3d 632, 636 (7th Cir. 2012). “[A] d…
- Gunn v. Thrasher, Buschmann & Voelkel, P.C., No. 1:19-cv-01385 (S.D. Ind. Nov. 12, 2019).“it is ‘apparent from a reading of the [debt collection] letter that not even a significant fraction of the population would be misled by it”
- Hernandez v. BC Servs., Inc., No. 3:18-cv-01946 (S.D. Ill. Sept. 27, 2019).If it is clear, however, that “‘not even a significant fraction of the population would be misled’ by a collection letter, then the complaint can and should be dismissed.” (citing , 679 F.3d 632, 636 (7th Cir. 2012)).
- Sholty v. Cavalry Portfolio Servs., LLC, No. 1:19-cv-01170 (C.D. Ill. Sept. 13, 2019).Credit & Collection Corp., 679 F.3d 632, 636 (7th Cir. 2012) (quoting Taylor v. Cavalry Investment, L.L.C., 365 F.3d 572, 574 (7th Cir. 2004)).
- Sparrow Oloko v. Receivable Recovery Servs., LLC, No. 1:17-cv-07626 (N.D. Ill. Aug. 19, 2019).Zemeckis v. Global Credit & Collection Corp., 679 F.3d 632, 636 (7th Cir. 2012).
- Bencomo v. Forster & Garbus LLP, No. 2:18-cv-01259, 2019 WL 3082502 (E.D. Wis. July 15, 2019).Id. (quoting Zemeckis v. Global Credit & Collection Corp., 679 F.3d 632, 636 (7th Cir. 2012)).
- Osideko v. L J Ross Assocs., Inc., No. 1:18-cv-03147 (N.D. Ill. Apr. 30, 2019).Credit & Collection Corp., 679 F.3d 632, 636 (7th Cir. 2012) (citation omitted) (internal quotation marks omitted).
- Duarte v. Client Servs., Inc., No. 1:18-cv-01227, 2019 WL 1425734 (N.D. Ill. Mar. 29, 2019). Generally, whether a communication is misleading is “a question of fact that, if well-pleaded, avoids dismissal on a Rule 12(b)(6) motion.” Zemeckis v. Global Credit & Collection Corp., 679 F.3d. 632, 636 (7th Cir. 2012) (internal citation…
- Williams v. Nw. Collectors, Inc., No. 1:18-cv-01401 (N.D. Ill. Dec. 11, 2018).Credit & Collection Corp., 679 F.3d 632, 636 (7th Cir. 2012) (internal citations omitted); see also Boucher v. Fin.
- Johnson v. Alltran Fin., LP, No. 1:17-cv-06616 (N.D. Ill. May 7, 2018).
- Scott McMahon v. LVNV Funding, LLC, 744 F.3d 1010 (7th Cir. 2014).published
- Gruber v. Creditors' Prot. Serv., Inc., 742 F.3d 271 (7th Cir. 2014).published
- Anne O' Boyle v. Real Time Resolutions, Inc., 910 F.3d 338 (7th Cir. 2018).published
- Patricia Koehn v. Delta Outsource Grp., Incorpo, 939 F.3d 863 (7th Cir. 2019).published
- Winiecki v. Creditors Interchange Receivable Mgmt., LLC, 14 F. Supp. 3d 1086 (N.D. Ill. 2014).published
- Moran v. Greene & Cooper Attorneys LLP, 43 F. Supp. 3d 907 (S.D. Ind. 2014).published
- Holt v. LVNV Funding, LLC, 147 F. Supp. 3d 756 (S.D. Ind. 2015).published
- Long v. Fenton & McGarvey Law Firm P.S.C., 223 F. Supp. 3d 773 (S.D. Ill. 2016).published
- Delgado v. Client Servs., Inc., No. 1:17-cv-04364, 2018 WL 1193741 (N.D. Ill. Mar. 7, 2018).
- McMahon v. LVNV Funding, LLC, No. 1:12-cv-01410 (N.D. Ill. Mar. 14, 2018).
- Wood v. Allied Interstate, LLC, No. 1:17-cv-04921, 2018 WL 2967061 (N.D. Ill. June 13, 2018).
- McCurdy v. Grant & Weber, Inc., No. 1:17-cv-07073 (N.D. Ill. Aug. 13, 2018).
- Sherrell v. L&P Fin. Adjusters Inc., No. 1:17-cv-07779 (N.D. Ill. Aug. 8, 2018).
- Rueda v. Forster & Garbus, LLP, No. 1:18-cv-04586 (N.D. Ill. Oct. 3, 2018).
- Nadborski v. The Receivable Mgmt. Servs. Corp., No. 1:18-cv-05205 (N.D. Ill. Nov. 8, 2018).
- Driver v. LJ Ross Assocs., Inc., No. 3:18-cv-00220, 2019 WL 4060098 (S.D. Ind. Aug. 28, 2019).
At page 634 Analyzing debt collector language for unfair practices32 citing cases“may be forced to take legal action”
- Kalebaugh v. Cohen, McNeile & Pappas, P.C., 76 F. Supp. 3d 1251 (D. Kan. 2015).published But see Zemeckis v. Global Credit & Collection Corp., 679 F.3d 632, 636 (7th Cir.2012) (holding that, while the confusing nature of a collection letter is generally considered a question of fact, “a plaintiff fails to state a claim and dis…
- Chisom v. AFNI, Inc., No. 1:20-cv-06565 (N.D. Ill. Sept. 24, 2021).“may be forced to take legal action”
- Schreiner v. Crespi, No. 2:21-cv-00007 (E.D. Wis. May 3, 2021).Serv., Inc., 742 F.3d 271, 274 (7th Cir. 2014) (citing Zemeckis v. Global Credit & Collection Corp., 679 F.3d 632, 634 (7th Cir. 2012)).
- Kapp v. E. Wisconsin Water Conditioning Co, No. 2:20-cv-00286 (E.D. Wis. Jan. 13, 2021).Corp., 679 F.3d 632, 634-35 (7th Cir. 2012) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)).
- Slomanski v. All. Collection Agencies Inc, No. 2:20-cv-00956 (E.D. Wis. Dec. 1, 2020).Corp., 679 F.3d 632, 634-35 (7th Cir. 2012) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)).
- Hydraulics Int'l Inc v. Amalga Composites Inc, 488 F. Supp. 3d 770 (E.D. Wis. 2020).publishedServ., Inc., 742 F.3d 271, 274 (7th Cir. 2014) (citing Zemeckis v. Global Credit & Collection Corp., 679 F.3d 632, 634 (7th Cir. 2012)).
- Tillman v. Navient Solutions LLC, No. 1:18-cv-04625 (N.D. Ill. June 15, 2020).Zemeckis v. Global Credit & Collection Corp., 679 F.3d 632, 634 (7th Cir. 2012).
- Washington Cnty. Health Care Auth., Inc. v. Baxter Int'l Inc., No. 1:16-cv-10324 (N.D. Ill. Apr. 3, 2020).Zemeckis v. Global Credit & Collection Corp., 679 F.3d 632, 634 (7th Cir. 2012).
- Arnold Simpson v. Brennan, No. 2:19-cv-00789 (E.D. Wis. Jan. 16, 2020).Inc., 742 F.3d 271, 274 (7th Cir. 2014) (citing Zemeckis v. Global Credit & Collection Corp., 679 F.3d 632, 634 (7th Cir. 2012)). 2.1.
- Oleksak v. Gateway Technical Coll., No. 2:19-cv-01167 (E.D. Wis. Nov. 26, 2019).Serv., Inc., 742 F.3d 271, 274 (7th Cir. 2014) (citing Zemeckis v. Global Credit & Collection Corp., 679 F.3d 632, 634 (7th Cir. 2012)).
Show 22 more citing cases
- Mayo v. LaSalle Cnty., No. 1:18-cv-01342, 2019 WL 3202809 (N.D. Ill. July 15, 2019).Zemeckis v. Global Credit & Collection Corp., 679 F.3d 632, 634 (7th Cir. 2012).
- Wacker Drive Exec. Suites, LLC v. Jones Lang LaSalle Americas (Illinois), LP, No. 1:18-cv-05492 (N.D. Ill. May 28, 2019).Zemeckis v. Global Credit & Collection Corp., 679 F.3d 632, 634 (7th Cir. 2012). called a construction allowance.
- Nabil Saleh v. Fed. Deposit Ins. Corp., No. 1:14-cv-09186 (N.D. Ill. Mar. 25, 2019).Zemeckis v. Global Credit & Collection Corp., 679 F.3d 632, 634 (7th Cir. 2012). 2 The FACC alleges that Daddono intentionally employed several methodological errors in conducting his appraisals to arrive at heightened values, including: r…
- Int'l Bhd. of Teamsters Local No. 710 Health & Welfare Fund v. Flynn, No. 1:17-cv-05532 (N.D. Ill. Mar. 20, 2019).Zemeckis v. Global Credit & Collection Corp., 679 F.3d 632, 634 (7th Cir. 2012). collective bargaining agreements with the Union.
- Lugo v. Int'l Bhd. of Elec. Workers Local 134, 175 F. Supp. 3d 1026 (N.D. Ill. 2016).published
- Todd v. Collecto, Inc., 731 F.3d 734 (7th Cir. 2013).published
- Diaz v. E&K Cleaners, Inc., No. 1:16-cv-07952, 2018 WL 439120 (N.D. Ill. Jan. 16, 2018).
- Nabil Saleh v. Fed. Deposit Ins. Corp., No. 1:14-cv-09186 (N.D. Ill. Jan. 4, 2018).
- Vasil v. Kiip, Inc., No. 1:16-cv-09937 (N.D. Ill. Mar. 5, 2018).
- Boone v. City Of Chicago, No. 1:16-cv-11510, 2018 WL 1014509 (N.D. Ill. Feb. 22, 2018).
- Cook v. H.S.B.C. Bank USA. N.a, No. 1:17-cv-00059 (N.D. Ill. Mar. 19, 2018).
- Johnson v. Alltran Fin., LP, No. 1:17-cv-06616 (N.D. Ill. May 7, 2018).
- Adebowale v. Johnson, No. 1:17-cv-00476 (N.D. Ill. June 28, 2018).
- Washington Cnty. Health Care Auth., Inc. v. Baxter Int'l Inc., No. 1:16-cv-10324 (N.D. Ill. July 5, 2018).
- Singer v. Massachusetts Mut. Life Ins. Co., No. 1:17-cv-03746 (N.D. Ill. Aug. 15, 2018).
- Taylor v. Client Servs., Inc., No. 1:17-cv-05704 (N.D. Ill. Sept. 12, 2018).
- Nitch v. Chicago Transit Auth., No. 1:16-cv-06033 (N.D. Ill. Sept. 19, 2018).
- Immanuel Baptist Church v. City of Chicago, No. 1:17-cv-00932 (N.D. Ill. Sept. 26, 2018).
- Glenn v. Barrington 220 Cmty. Unit Sch. Dist., No. 1:17-cv-02974 (N.D. Ill. Oct. 25, 2018).
- Kinsella v. Capital One, N.A., No. 1:17-cv-05236 (N.D. Ill. Nov. 9, 2018).
- Bell v. Cook Cnty., No. 1:17-cv-06324 (N.D. Ill. Nov. 21, 2018).
- Andersen v. Vill. of Glenview, No. 1:17-cv-05761, 2018 WL 6192171 (N.D. Ill. Nov. 28, 2018).
At page 635 Applying unsophisticated consumer standard to debt collection letters22 citing cases“a claim satisfies this pleading standard when its factual allegations 'raise a right to relief above the speculative level.”
- Smith v. Convergent Outsourcing, Inc., 539 F. Supp. 3d 929 (N.D. Ill. 2021).publishedCredit & Collection Corp., 679 F.3d 632, 635 (7th Cir. 2012); see also Steffek v. Client Servs., Inc., 948 F.3d 761, 764 (7th Cir. 2020) (“We and other circuits have long interpreted § 1692g to require that the mandatory disclosures be mad…
- Kapp v. E. Wisconsin Water Conditioning Co, No. 2:20-cv-00286 (E.D. Wis. Jan. 13, 2021).Corp., 679 F.3d 632, 634-35 (7th Cir. 2012) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)).
- Slomanski v. All. Collection Agencies Inc, No. 2:20-cv-00956 (E.D. Wis. Dec. 1, 2020).Corp., 679 F.3d 632, 634-35 (7th Cir. 2012) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)).
- Schmeling v. United Collection Bureau Inc, No. 1:20-cv-00768 (E.D. Wis. Oct. 30, 2020).Zemeckis v. Global Credit & Collection Corp., 679 F.3d 632, 635 (7th Cir. 2012).
- Reitz v. Credit Sys. of the Fox Valley, Inc., No. 1:20-cv-00196 (E.D. Wis. Aug. 17, 2020).Zemeckis v. Global Credit & Collection Corp., 679 F.3d 632, 635 (7th Cir. 2012).
- Stewart v. JPMorgan Chase Bank, No. 1:18-cv-07584 (N.D. Ill. Jan. 28, 2020).Credit & Collection Corp., 679 F.3d 632, 635 (7th Cir. 2012) (internal citations omitted).
- Hess v. Merchants & Med. Credit Corp., Inc., No. 3:18-cv-12902 (D.N.J. July 31, 2019).unpublishedCredit & Collection Corp., 679 F.3d 632, 635 (7th Cir. 2012).
- Katiuska Bravo v. Midland Credit Mgmt., Inc, 812 F.3d 599 (7th Cir. 2016).published
- McCarter v. Kovitz Shifrin Nesbit, 6 F. Supp. 3d 797 (N.D. Ill. 2013).published
- Oberther v. Midland Credit Mgmt., Inc., 45 F. Supp. 3d 125 (D. Mass. 2014).published
Show 12 more citing cases
- Matmanivong v. Nat'l Creditors Connection, Inc., 79 F. Supp. 3d 864 (N.D. Ill. 2015).published
- Cook v. Green Tree Servicing, LLC, 154 F. Supp. 3d 742 (S.D. Ill. 2016).published
- Zuniga v. Asset Recovery Solutions, LLC, No. 1:17-cv-05119 (N.D. Ill. Mar. 28, 2018).
- Bandas v. United Recovery Serv., LLC, No. 1:17-cv-01323, 2018 WL 4286198 (N.D. Ill. Sept. 7, 2018).
- Nieto v. MRS Assocs., No. 1:17-cv-08507 (N.D. Ill. Apr. 20, 2018).
- Nieto v. MRS Assocs., No. 1:17-cv-08507 (N.D. Ill. Nov. 9, 2018).
- McCray v. McDonough, No. 2:18-cv-01637 (E.D. Wis. Sept. 30, 2019).
- Bilgo v. United States Postal Serv., No. 2:20-cv-00606 (E.D. Wis. June 25, 2020).
- McCray v. Wilkie, No. 2:19-cv-00638 (E.D. Wis. Aug. 10, 2020).
- McCray v. Wilkie, No. 2:19-cv-00638 (E.D. Wis. Mar. 16, 2021).
- Mullen v. City of Racine, No. 2:23-cv-00275 (E.D. Wis. Sept. 12, 2024).
- Elliott v. Trempealeau Cnty., No. 2:25-cv-00421 (E.D. Wis. Sept. 24, 2025).
At page 637 Determining FDCPA violation based on letter language5 citing cases“locating the validation notice on the back of the letter, while undesireable, does not engender confusion sufficient to state a claim under the fdcpa.”
- Lee v. Franklin Collection Serv., Inc., No. 1:20-cv-01268 (N.D. Ill. Nov. 23, 2020). Credit & Collection Corp., 679 F.3d 632, 636 (7th Cir. 2012).
- Wright v. AR Resources, Inc., No. 8:20-cv-00985 (M.D. Fla. July 31, 2020). Credit & Collection Corp., 679 F.3d 632, 637 (7th Cir. 2012).
- Untershine v. Encore Receivable Mgmt. Inc, No. 2:18-cv-01484, 2019 WL 3766564 (E.D. Wis. Aug. 9, 2019). Credit & Collection Corp., 679 F.3d 632, 637 (7th Cir. 2012).) The court accepts that, when there is no plausible way a letter could be read as violating 15 U.S.C. § 1692g(b), dismissal pursuant to Rule 12(b)(6) is appropriate.
- Anne O' Boyle v. Real Time Resolutions, Inc., 910 F.3d 338 (7th Cir. 2018).published
v.
GLOBAL CREDIT & COLLECTION CORPORATION, Defendant-Appellee
In 2010, Misty Zemeckis (“Zemeckis”) owed Capital One Bank money. Capital One Bank retained Global Credit & Collection Corp. (“Global Credit”) to collect her debt. Global Credit, in turn, sent Zemeckis a dunning letter, which included a notice of her debt validation rights. Zemeckis claims, however, that the letter’s content as a whole overshadowed the debt validation notice, thereby violating Section 1692g of the Fair Debt Collection Practices Act (the “FDCPA”), 15 U.S.C. § 1692g. The district court disagreed and dismissed her claim. See Fed.R.Civ.P. 12(b)(6). She presently appeals, arguing that the district court improperly rejected her request to conduct a consumer survey in order to prove that Global Credit’s letter was confusing. We affirm the district court.
I. Background
On March 29, 2010, Global Credit, a debt collection company, sent Zemeckis a letter prompting her to pay her debt to Capital One Bank. Zemeckis, maintaining that the letter’s content violated the FDCPA, brought a class action law suit against Global Credit. The letter’s insistent language and repeated threats of legal action against her, she claimed, created a false sense of urgency that overshadowed statutorily mandated language informing her that she had thirty days to contest the validity of the debt. In particular, the letter “urge[d] [her] to take action now,” as well as to “[c]all [Global Credit’s] office today....” It also stressed Capital One Bank’s right to pursue legal action against her, warning that “[her] account now meets ... [the] guidelines for legal action” and that “Capital One Bank (USA), N.A. may be forced to take legal action.” Juxtaposed against the validation notice, which Global Credit placed on the back of the debt collection letter, the letter’s language and structure obscured her legal rights and thwarted the notice required by the FDCPA.
Zemeckis contended that, in the alternative, the issue of whether the letter violated the FDCPA was an issue of fact, and requested that the district court permit her to conduct a consumer survey to test the overshadowing or confusing nature of the letter.
On March 24, 2011, Global Credit filed a motion to dismiss under Rule 12(b)(6). The district court granted the motion, finding, first, that our precedent dismisses language like “act now” as puffery that does not subvert a debtor’s notice of his thirty-day validation right. The district court concluded, second, that our case law upholds the placement of the mandatory validation notice on the back of a collection letter as comporting with the FDCPA, especially when clear language on the front of the letter instructs the debtor to read the back of the letter for important information. Accordingly, the district court ruled that the letter was permissible under the FDCPA as a matter of law and denied Zemeckis’ request to conduct a consumer survey. She appeals.
II. Discussion
We review the grant of a motion to dismiss de novo, accepting all well-pled facts as true and construing all inferences in favor of the plaintiff. Tamayo v. Blagojevich, 526 F.3d 1074, 1081 (7th Cir.2008). To survive a motion to dismiss, a complaint must “state a claim to relief that is plausi[*635] ble on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). A claim satisfies this pleading standard when its factual allegations “raise a right to relief above the speculative level.” Twombly, 550 U.S. at 555-56, 127 S.Ct. 1955; see also Swanson v. Citibank, N.A, 614 F.3d 400, 404 (7th Cir.2010) (“[PJlaintiff must give enough details about the subject-matter of the case to present a story that holds together.”).
A. Zemeckis Fails to State a Claim Under FDCPA Section 1692g
Under Section 1692g, a debt collector’s dunning letter to a debtor must contain:
(1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
15 U.S.C. § 1692g(a). Section 1692g also dictates that “[a]ny collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.” 15 U.S.C. § 1692g(b). [1]
As we evaluate a debt collection letter’s compliance with the FDCPA, we apply the “unsophisticated consumer” standard. Avila v. Rubin, 84 F.3d 222, 226-27 (7th Cir.1996). The letter must be clear and comprehensible to an individual who is “uninformed, naive, [and] trusting,” Veach v. Sheeks, 316 F.3d 690, 693 (7th Cir.2003), but not without a rudimentary knowledge about the financial world or incapable of making basic deductions and inferences, Wahl v. Midland Credit Mgmt., Inc., 556 F.3d 643, 645 (7th Cir.2009). Furthermore, “a significant fraction of the population” must find the letter confusing in order to violate Section 1692g(b)’s prohibition of inconsistent or overshadowing language. Taylor v. Cavalry Inv., L.L.C., 365 F.3d 572, 574-75 (7th Cir.2004).
Zemeckis contends that Global Credit’s letter is confusing to the unsophisticated consumer. The letter marries commands to act “now” and call Global Credit “today” with threats of legal action, fostering the impression that legal consequences are imminent if she does not pay the debt or contact them posthaste. This impression, she posits, inevitably and ir[*636] reparably obscures her thirty-day window to contest the debt—notice of which Global Credit included, but unhelpfully placed on the letter’s backside.
As a general matter, we view the confusing nature of a dunning letter as a question of fact, Evory v. RJM Acquisitions Funding L.L.C., 505 F.3d 769, 776 (7th Cir.2007), that, if well-pleaded, avoids dismissal on a Rule 12(b)(6) motion. See McMillan v. Collection Professionals, Inc., 455 F.3d 754, 759 (7th Cir.2006) (“We have cautioned that a district court must tread carefully before holding that a letter is not confusing as a matter of law when ruling on a Rule 12(b)(6) motion because district judges are not good proxies for the unsophisticated consumer whose interest the statute protects.” (internal quotation marks omitted)). Nevertheless, a plaintiff fails to state a claim and dismissal is appropriate as a matter of law when it is “apparent from a reading of the letter that not even a significant fraction of the population would be misled by it.” Taylor, 365 F.3d at 574 (internal quotation marks omitted).
In analyzing whether a letter, on its face, contravenes Section 1692g(b), this Court has distinguished between language rushing the debtor to take action—to “act now”—and provisions that set deadlines contrary or contradictory to the thirty-day validation period. Compare Taylor, 365 F.3d at 575 (upholding as not confusing a dunning letter instructing the recipient to “[a]ct now to satisfy this debt”), with Bartlett v. Heibl, 128 F.3d 497, 499, 502 (7th Cir.1997) (rejecting as confusing a letter that contained notice of the thirty-day validation period, but also demanded that the debtor pay $316 toward his debt or call the creditor within a week to avoid legal action), Chauncey v. JDR Recovery Corp., 118 F.3d 516, 518, 519 (7th Cir.1997) (rejecting as contradictory a letter that required receipt of payment within thirty days, thereby truncating a debtor’s validation period), and Avila, 84 F.3d at 226 (rejecting as confusing a letter that followed its validation notice with a sentence stating, “[i]f the above does not apply to you, we shall expect payment ... to be made within ten (10) days from the date of this letter”). We identify the former language as puffery, as “rhetoric designed to create a mood rather than to convey concrete information or misinformation.” Taylor, 365 F.3d at 575. Puffery, without more, does not violate Section 1692g(b). Even the most unsophisticated debtor would realize that debt collectors wish to expedite payment, and urging him to hurry does not confuse or undermine his right to his validation period. See id. at 575-76.
The dunning letter that Global Credit sent to Zemeckis, at worst, contains puffery. Its suggestions to “take action now” and call “today” did not impose a deadline that contradicted her right to a thirty-day validation period. The requests that she call “now” or “today” were not tantamount to a request for payment, nor would an unsophisticated consumer understand them as such. Accord Terran v. Kaplan, 109 F.3d 1428, 1434 (9th Cir.1997) (holding that a request for immediate telephone contact does not overshadow the mandated validation notice, especially since “the challenged language ... [did] not require payment immediately” (emphasis in original) (internal quotation marks omitted)).
Global Credit’s repeated threat of legal action similarly fails to convert the letter’s puffery into a contradictory payment deadline. The letter warns only that Capital One Bank had the right to pursue legal action. It did not go so far as to mention that it had the right, as do all creditors, to initiate suit during the validation period, see Bartlett, 128 F.3d at 501. That information, if included, would have rendered the letter even more threatening[*637] and still would not have risen to a violation of Section 1692g(b). As written, the letter alerted Zemeckis only to the possible repercussions she faced for failing to pay.
Finally, locating the validation notice on the back of the letter, while undesirable, does not engender confusion sufficient to state a claim under the FDCPA. We rejected an identical argument in Sims v. GC Services L.P., 445 F.3d 959, 963 (7th Cir.2006), in which a debt collector placed the validation notice on the back of a collection letter. In Sims, the letter’s front instructed the debtor, in bold, red, capitalized letters to “see reverse side for important consumer information.” Id. at 964. We concluded that this warning adequately advised the uninformed consumer where to locate the relevant information about his rights and mitigated his risk of confusion. Id. at 964. The letter in this case proves virtually indistinguishable from that in Sims, warning, on the front of the letter and in all capital letters, that Zemeckis should “see [the] reverse side for important information.” Global Credit also wrote the validation notice in bold typeface, making it easier to read than the notice we upheld in Sims, which was penned in gray ink. See id. at 961. While we in no way laud Global Credit’s dunning letter as ideal or as an example of debt collection at its finest, cf. Bartlett, 128 F.3d at 501-02 (offering a model letter as guidance for complying with Section 1692g), neither its structure nor its diction cloud its meaning such that an unsophisticated consumer could not understand it or his rights. As a matter of law, Zemeckis fails to state a claim under Section 1692g(b), and the district court properly granted Global Credit’s motion to dismiss.
B. Denial of Opportunity to Submit Extrinsic Evidence
Because we find the dunning letter clear on its face, we similarly affirm the district court’s decision to dismiss Zemeckis’ claim before she had the opportunity to conduct a consumer survey. We support consumer surveys as one means by which to illustrate the confusing nature of a dunning letter, see McMillan, 455 F.3d at 758 (quoting Walker v. Nat’l Recovery, Inc., 200 F.3d 500, 501 (7th Cir.1999)), but we decline to consider surveys when “no reasonable person, however unsophisticated, could construe the wording of the communication in a manner that ... violate[s] [Section 1692g(b) ].” Id. at 760. As Global Credit’s dunning letter was clear as a matter of law, see supra Part II.A, we reject the need for a clarifying consumer survey in this case.
III. Conclusion
For the foregoing reasons, we Affirm the judgment of the district court.
. Section 1692g(b) was amended to proscribe overshadowing collection activities in 2006. Zemeckis argues that cases decided before the amendment are therefore irrelevant or less persuasive. However, the statutory amendment merely codified a rule that the courts had already instituted. See, e.g., Bartlett v. Heibl, 128 F.3d 497, 500 (7th Cir.1997) ("[T]he implied duty to avoid confusing the unsophisticated consumer can be violated by contradicting or 'overshadowing' the required notice."). We, therefore, consider with equal attention cases decided before or after the 2006 amendments.