CARROLL v. RODENBURG LLP (2019)

United States Court of Appeals, Eighth Circuit.

Monty G. CARROLL, Jr., on behalf of himself and all others similarly situated; Lawrence D. Smith, on behalf of himself and all others similarly situated Plaintiffs - Appellants v. RODENBURG LLP Defendant - Appellee

No. 18-3667

Decided: August 14, 2019

Before BENTON, SHEPHERD, and KELLY, Circuit Judges.

James Lee Davidson, Jesse Stine Johnson, Greenwald & Davidson, Boca Raton, FL, for Plaintiffs-Appellants Bradley R. Armstrong, Michael S. Poncin, Moss & Barnett, Minneapolis, MN, Clifton Rodenburg, Eeva Wendorf, Rodenburg Law Firm, Fargo, ND, for Defendant-Appellee

[Unpublished]

Monty Carroll and Lawrence Smith appeal the district court’s ¹ dismissal of their purported class action brought under the Fair Debt Collection Practices Act (FDCPA). Having carefully reviewed the record and the parties’ arguments on appeal, we conclude the court properly dismissed the complaint. See Plymouth Cty. v. Merscorp, Inc., 774 F.3d 1155, 1158 (8th Cir. 2014) (de novo review of Fed. R. Civ. P. 12(b) dismissal order); Duffy v. Landberg, 215 F.3d 871, 873-75 (8th Cir. 2000) (alleged FDCPA violations are evaluated through the eyes of the unsophisticated consumer; unsophisticated consumer standard contains an objective element of reasonableness to protect debt collectors from liability for peculiar interpretations of collections letters). Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.

FOOTNOTES

1. The Honorable Daniel L. Hovland, Chief Judge, United States District Court for the District of North Dakota.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network