E.D.N.C.: Atkinson v. National Credit Systems- Personal Jurisdiction for Consumer Rights Claim

Summary:

Mr.  Atkinson  brought a pro se complaint against Penn Rose Management,  which appears to be an apartment management company with locations in numerous states,  but not North Carolina,  and National Systems alleging various violations of FCRA,  FDCPA and North Carolina UDTPA laws.  The court found it lacked personal jurisdiction over Penn Rose Management  as Mr. Atkinson did not plausibly allege any contacts between it and North Carolina, dismissing without prejudice claims against Penn Rose.  The district court then dismissed with prejudice Mr.  Atkinson's FCRA claim, stating there is no private right of action under 15 U.S.C. § 1681s-2(a),  his  defamation claim as  § 1681h(e)  preempts such , and  the FDCPA  claims  as Mr. Atkinson did not plausibly allege that NCS was  a debt collector as defined by 15 U.S.C. §1692a.   The court further declined to exercise supplemental jurisdiction over the state-law claims against NCS and dismissed them without prejudice 

Commentary:

Mr.  Atkinson's failure to plead that NCS is a debt collector  under the FDCPA would certainly seem to have been an inadequacy in pleading by a pro se Plaintiff and not a judicial determination that NCS is not actually a debt collector,  especially as it describes itself on its own webpage as being "a specialized collection firm helping apartment owners and managers recover money that is rightfully owed to them by former residents who have not fulfilled their lease obligations."

With proper attribution,  please share this post.