United States Second Circuit

Dismissal of plaintiff's complaint alleging that defendant's responses to requests for information about her mortgage violated the Real Estate Settlement Procedures Act (RESPA), the Fair Debt Collection Practices Act (FDCPA), and N.Y. General Business Law, is affirmed, where: 1) the district court properly dismissed the RESPA claims on the basis that her lawyer's letters were not sent to defendant's designated qualified written request (QWR) address, and the requests are thus not QWRs under RESPA; 2) plaintiff's complaint does not allege that defendant acquired plaintiff's debt after it was in default and so fails to plausibly allege that defendant qualifies as a debt collector under FDCPA; 3) for the same reasons that plaintiff's RESPA claims fail, her claims under N.Y. law also fail; and 4) plaintiff's request for leave to amend is denied.

Appellate Information

• Decided 06/24/2014
• Published 06/24/2014

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel