CARROLL EX REL. SMITH v. RODENBURG LLP, 18-3667. (2019)
Court: Court of Appeals for the Eighth Circuit
Number: infco20190815228
Visitors: 6
Filed: Aug. 14, 2019
Latest Update: Aug. 14, 2019
Summary: UNPUBLISHED PER CURIAM . Monty Carroll and Lawrence Smith appeal the district court's 1 dismissal of their purported class action brought under the Fair Debt Collection Practices Act (FDCPA). Having carefully reviewed the record and the parties' arguments on appeal, we conclude the court properly dismissed the complaint. See Plymouth Cty. v. Merscorp, Inc. , 774 F.3d 1155 , 1158 (8th Cir. 2014) (de novo review of Fed. R. Civ. P. 12(b) dismissal order); Duffy v. Landberg , 215 F.3d 871 ,
Summary: UNPUBLISHED PER CURIAM . Monty Carroll and Lawrence Smith appeal the district court's 1 dismissal of their purported class action brought under the Fair Debt Collection Practices Act (FDCPA). Having carefully reviewed the record and the parties' arguments on appeal, we conclude the court properly dismissed the complaint. See Plymouth Cty. v. Merscorp, Inc. , 774 F.3d 1155 , 1158 (8th Cir. 2014) (de novo review of Fed. R. Civ. P. 12(b) dismissal order); Duffy v. Landberg , 215 F.3d 871 , ..
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UNPUBLISHED
PER CURIAM.
Monty Carroll and Lawrence Smith appeal the district court's1 dismissal of their purported class action brought under the Fair Debt Collection Practices Act (FDCPA). Having carefully reviewed the record and the parties' arguments on appeal, we conclude the court properly dismissed the complaint. See Plymouth Cty. v. Merscorp, Inc., 774 F.3d 1155, 1158 (8th Cir. 2014) (de novo review of Fed. R. Civ. P. 12(b) dismissal order); Duffy v. Landberg, 215 F.3d 871, 873-75 (8th Cir. 2000) (alleged FDCPA violations are evaluated through the eyes of the unsophisticated consumer; unsophisticated consumer standard contains an objective element of reasonableness to protect debt collectors from liability for peculiar interpretations of collections letters). Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.
FootNotes
1. The Honorable Daniel L. Hovland, Chief Judge, United States District Court for the District of North Dakota.
Source: Leagle
