United States Ninth Circuit

In an action seeking damages under the Fair Debt Collection Practices Act (FDCPA), the district court’s dismissal of an action for failure to state a claim is: 1) affirmed as to the dismissal of the FDCPA claim where the trustee of a California deed of trust securing a real estate loan was not a 'debt collector' under the FDCPA; and 2) vacated as to dismissal of the Truth in Lending Act (TILA) claim and remanded for consideration of the claim in light of Merritt v. Countrywide Fin. Corp., 759 F.3d 1023 (9th Cir. 2014).

Appellate Information

• Published 2016/10/19

Judges

• KOZINSKI

Court

• United States Ninth Circuit

Counsel