In Smith v. Capital One Financial Corp., 2012 WL 3138024 (N.D.Cal. 2012), Judge Hamilton found that an in pro per Plaintiff properly pleaded that a debt collector called her too early in the morning:
Midland first argues that the FAC does not state a claim under the FDCPA. With regard to the allegation regarding the 7:00 a.m. EST call, Midland contends that this does not state a claim, as plaintiff resides in Washington State, and does not allege that she was located in the Eastern time zone. The FDCPA prohibits a debt collector from knowingly calling a debtor prior to 8:00 a.m. “local time at the consumer’s location.” 15 U.S.C. § 1692c(a)(1). Midland contends that plaintiff has failed to allege facts sufficient to show that Midland called her before 8:00 a.m. local time at her location. ¶ The court finds that the motion must be DENIED as to this cause of action. If, as plaintiff alleges, Midland called her at 7:00 a.m. Eastern Standard Time, such a call was made prior to 8:00 a.m., regardless of where in the United States plaintiff was located at the time. Thus, plaintiff has stated a claim for violation of the FDCPA.