Whittiker v. Deutsche Bank National Trust Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that filing of foreclosure action while knowing that one lacks ability to prove ownership of debt is actionable under the FDCPA
• explaining that one of the four required elements of a prima facia case for a violation of the FDCPA is that the defendant collecting the debt is a \debt collector\ within the meaning of 15 U.S.C. § 1692a(6
• setting forth the four elements to establish a prima facie case for a FDCPA violation
• to state a claim under the FDCPA, plaintiff must allege that the debt was created primarily for personal, family or household purposes
• “The absence of any factor[, including that defendant is a debt collector under § 1692a(6),] is fatal to plaintiffs claims under § 1692[g]”
• “In ruling on a motion to dismiss or motion for judgment on the pleadings, the Court may . . . consider documents attached to, incorporated by, or referred to in the pleadings.”

Source: CourtListener parenthetical corpus (CC0).