Dale Kaymark et al. v. Bank of America and Udren Law Offices PC | 3rd Circ. Rules FDCPA Covers Foreclosure Complaints

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Dale Kaymark et al. v. Bank of America and Udren Law Offices PC | 3rd Circ. Rules FDCPA Covers Foreclosure Complaints

Dale Kaymark et al. v. Bank of America and Udren Law Offices PC | 3rd Circ. Rules FDCPA Covers Foreclosure Complaints

PRECEDENTIAL

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
______
No. 14-1816
____________
DALE KAYMARK, individually and on behalf of other similarly situated current and former homeowners in Pennsylvania, Appellant

v.

BANK OF AMERICA, N.A.; UDREN LAW OFFICES, P.C.
____________
On Appeal from the United States District Court
for the Western District of Pennsylvania
(W.D. Pa. No. 2-13-cv-00419)
District Judge: Honorable Cathy Bissoon
______
Argued December 10, 2014
Before: FUENTES, FISHER and KRAUSE, Circuit Judges.
(Opinion Filed: April 7, 2015)

 

FISHER, Circuit Judge.
Dale Kaymark defaulted on a mortgage held by Bank of America, N.A. (“BOA”). On behalf of BOA, Udren Law Offices, P.C. (“Udren”) initiated foreclosure proceedings against Kaymark in state court. The body of the Foreclosure Complaint listed certain not-yet-incurred fees as due and owing, which Kaymark alleges violated several state and federal fair debt collection laws and breached the mortgage contract. Because we conclude that Kaymark has sufficiently pled that the disputed fees constituted actionable misrepresentation under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., we will reverse the District Court’s order dismissing certain FDCPA claims against Udren but affirm its dismissal of all other claims.

[…]

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