United States Eighth Circuit

Dismissal of plaintiffs' claims arising from a dispute over a foreclosure and automatic debiting of mortgage payments is affirmed where: 1) a breach of contract claim failed as plaintiffs could not show the existence of a valid contract with defendant-bank; 2) a negligence claim failed as plaintiffs could not show that bank owed a legal duty to debit plaintifs' bank account under an automated clearing house (ACH) authorization; 3) a defamation claim failed as bank's credit reporting activity was truthful; and 4) they failed to state a Fair Debt Collection Practices Act claim and dismissal of state law claims was proper.

Appellate Information

• Decided 12/08/2006
• Published 12/08/2006

Judges

• PER CURIAM., Before MELLOY, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• George Jay Bequette, Jr., argued, Little Rock, AR, for appellant.


• For Appellees:
  
• Rufus E. Wolff, argued, Little Rock, AR (Aaron L. Squyres, Little Rock, AR, on the brief), for appellee.