United States Ninth Circuit

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Dowers v. Nationstar Mortgage, LLC, 15-15178

In an action asserting claims relating to the defendants' servicing of plaintiffs’ home loan, the district court's Fed. R. Civ. P. 12(b)(6) dismissal of plaintiffs' claims is: 1) reversed in part as to dismissal of the claim under 15 U.S.C. section 1692f(6) where that provision governed defendants' alleged conduct because it expressly applied to the enforcement of security interests such as a deed of trust; and 2) affirmed in part where plaintiffs' Fair Debt Collection Practices Act claims under 15 U.S.C. sections 1692c(a)(2), 1692d, and 1692e failed because the defendants did not engage in 'debt collection' and were not acting as 'debt collectors.'

Appellate Information

  • Decided
  • Published 2017/03/31




  • United States Ninth Circuit