A Rochester Law firm sent a letter to a Connecticut artist, and ended up in SDNY over the Fair Debt Collection Practices Act. Right now, the case stays in the SDNY and will not be moved to Western District, wherein Rochester lies.
"PLAINTIFF CONNECTICUT resident’s lawsuit alleged that defendant Rochester, New York-based law firm was a "debt collector" as defined by the Fair Debt Collection Practices Act (FDCPA) and that its April 4, 2006 letter, mailed to her New York city art studio, violated the FDCPA. After considering the factors in D.H. Blair & Co. Inc. v. Gottdiener, the court denied the law firm’s motion to transfer plaintiff’s suit – seeking actual and statutory damages, costs, and attorney’s fees – to the Western District of New York. Noting that plaintiff brought suit in the district to which defendant sent – and plaintiff received – the letter, the court deemed plaintiff’s forum choice entitled to deference. In concluding that the parties’ convenience also called for retention of plaintiff’s action in the Southern District of New York, the court noted that plaintiff regularly travels to the district in order to paint in her studio, and that the law firm had not shown that travel from Rochester to defend the action would impose a significant hardship. "