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District Court (Cal.) Says FDCPA Plaintiff Need Not Unequivocally Plead Debt’s “Consumer” Nature; FDCPA Plaintiff Could Pursue UCL Injunctive Relief Despite “Zero” Chance Conduct Could Happen Again to Plaintiff

by Scott J. Hyman |

In Norton v. Lvnv Funding, No. 18-cv-05051-DMR, 2019 U.S. Dist. LEXIS 146863, at *15-16 (N.D. Cal. Aug. 28, 2019), Magistrate Judge Ryu held that equivocal pleading of a debt's consumer nature survived an FRCP 12(b)(6) motion. Defendants essentially argue that a plaintiff's allegations about consumer debt must be unequivocal and ironclad in order to withstand a Rule 12 challenge. This… Read More