In Wolfson v. Bank of Am., N.A., No. 20-35792, 2021 U.S. App. LEXIS 37864, at *2 (9th Cir. Dec. 21, 2021), the Court of Appeals affirmed dismissal of an FDCPA claim.
The district court properly dismissed Wolfson’s FDCPA claims because Wolfson failed to allege facts sufficient to show that defendant Bank of America, N.A., is considered a debt collector under the FDCPA. See 15 U.S.C. § 1692a(6)(F)(iii) (excluding from the definition of debt collector a party seeking to collect any debt owed where the debt concerned was not in default at the time it was acquired); De Dios v. Int’l Realty & Invs., 641 F.3d 1071, 1074-75 & n.3 (9th Cir. 2011) (explaining that under the FDCPA a “debt collector does not include those mortgage service companies and others who service outstanding debts for others, so long as the debts were not in default when taken for servicing” (citation and internal quotation marks omitted))