Despite being provided with evidence in the form of cancelled checks and insurance policies showing that they were not delinquent in their mortgage payments, Citimortgage commenced foreclosure against the Nances. After refinancing their house, the Nances brought suit against Citimortgage alleging, among other causes of action, unfair and deceptive trade practices, negligent and/or intentional infliction of emotional distress, defamation and negligent and/or intentional damage to credit report. Citimortgage moved to dismiss.
As to the unfair and deceptive trade practices claim, the district court restated the requirements to state a claim as:
(1) the obligation owed must be a debt;
(2) the one owning the obligation must be a consumer;
(3) the one trying to collect the obligation must be a debt collector;
(4) an unfair or deceptive act;
(5) in or affecting commerce; and
(6) proximately causing injury.… Read More