United States Ninth Circuit
Schlegel v. Wells Fargo Bank N.A., 11-16816
Dismissal of plaintiffs' action seeking relief under the Fair Debt Collection Practices Act (FDCPA) and under the Equal Credit Opportunity Act (ECOA) is: 1) affirmed in part, where plaintiffs' complaint did not plausibly allege that defendant that sent mortgage default notices despite the existence of a loan modification agreement was a "debt collector" under the FDCPA; but 2) reversed in part and remanded, where the complaint stated a claim under ECOA's notice requirement.
Appellate Information
- Decided 07/03/2013
- Published 07/03/2013
Judges
- IKUTA
Court
- United States Ninth Circuit