In Caballero v. Ocwen Loan Servicing, Inc., 2009 WL 1528128 (N.D.Cal. 2009), Judge Whyte quickly disposed of a Plaintiff’s argument that a loan servicer involved in the foreclosure of the Plaintiff’s home was subject to the FDCPA.  Judge Whyte explained, in granting the loan servicer’s Rule 12(b)(6) motion:


Defendant seeks dismissal of the Fair Debt Collection Practices Act claim on the basis that it is not a “debt collector” within the meaning of the Act. The FDCPA does not govern efforts by creditors collecting their own debts. 15 U.S.C. § 1692a(6). Moreover, creditors, mortgagors and mortgage servicing com-panies are not “debt collectors” and are exempt from liability under the Act. Scott v. Wells Fargo Home Mortg., 326 F.Supp.2d 709, 718 (E.D.Va.2003). Defendant Ocwen is a “loan servicer.” Therefore it is not a “debt collector” and no claim can be stated against it under the FDCPA. Accordingly, plaintiff’s first claim for relief is dismissed.