In Weiser v. Castille, No. 20-2043, 2021 U.S. Dist. LEXIS 173993, at *13-14 (E.D. La. Sep. 14, 2021), Judge Lemmon dismissed FDCPA and FCRA claims arising out of a Plaintiff’s investment mobile home properties.
Additionally, an obligation arising from a commercial transaction, as opposed to a transaction “primarily for personal, family, or household purposes” is not a “debt” as defined by the FDCPA. First Gibraltar Bank, FSB v. Smith, 62 F.3d 133, 135 (5th Cir. 1995) (interpreting 15 U.S.C. § 1692a(5)). Plaintiff characterizes the mobile home and the rental properties—which secured the mortgage—as a “business operation” which she “managed.” Plaintiff also pleaded that she and her husband incorporated a business enterprise for which she was the registered agent. Thus, plaintiff has failed to state a claim under the FDCPA because the debt incurred was in connection with a commercial transaction. Thus, plaintiff’s FDCPA claims must be dismissed. . . . Like the FDCPA, “the FCRA does not cover reports used or expected to be used only in connection with commercial business transactions.” Hall v. Phenix Investigations, Inc., 642 F. App’x 402, 405 (5th Cir. 2016) (unpublished) (citing Bacharach, 2015 U.S. Dist. LEXIS 144193, 2015 WL 6442493, at *3).