United States District Court, D. Delaware
Jacqueline Edwards, Wilmington, Delaware. Pro Se Plaintiff.
Catherine M. DiLorenzo, Esquire, and Michelle Berkeley-Ayres,
Esquire, Alba Law Group, P.A., Newport, Delaware. Counsel for
ANDREWS, U.S. DISTRICT JUDGE
Jacqueline Edwards, who appears pro se and has paid
the filing fee, filed this action on June 8, 2016, alleging
violations of the Fair Debt Collection Practices Act
("FDCPA"), 15 U.S.C. §§ 1692, et
seq. (D.I. 2). Defendant Bayview Loan Servicing, LLC
moved for dismissal pursuant to Fed.R.Civ.P. 12(b)(6). (D.I.
6). In turn, Plaintiff filed a motion for leave to file an
amended complaint. (D.I. 13) Defendant opposes. Briefing has
been completed. (D.I. 14, 15).
verified Complaint, with attached Exhibits 1 and 2, alleges
that Defendant is a debt collector, Plaintiff is a consumer,
and Defendant illegally communicated with Plaintiff by
failing to comply with 15 U.S.C. § 1692c(a). (D.I. 2,
¶¶ 14-20). Plaintiff alleges that Defendant did not
have prior consent to communicate with her and failed to
provide her any evidence of an alleged debt. Plaintiff
alleges that Defendant has "engaged in abuse acts,
harassment, [and] invasion of privacy in Plaintiffs private
commercial affairs, " and that "Defendant should
not be in possession of any private commercial instruments or
documents belonging to Plaintiff." (D.I. 2 at p.2).
Plaintiff alleges that Defendant obtained the data in its
possession from a third party and has used the data in its
illegal conduct towards Plaintiff. (Id.). Plaintiff
seeks statutory and actual damages.
1 is a "debt validation letter, " dated March 14,
2016 and postmarked March 15, 2016, to Plaintiff from
Defendant advising Plaintiff that it seeks to bring
Plaintiffs mortgage account current, and that it is
attempting to collect a debt on behalf of "U.S. Bank
National Association, as trustee, in trust for the benefit of
the holders of WB4B REMIC Trust 2016-1 beneficial interest
certificates, series 2016-1" ("U.S. Bank"),
the current owner of Plaintiffs loan. The letter advises
Plaintiff of the loan number, the property address, the loan
amount, advises Plaintiff how to dispute the validity of the
debt, and provides contact information.
2 is a collection of documents, to wit: (1) a March 14, 2016
letter to Plaintiff from Defendant introducing her
"dedicated point of contact to help" Plaintiff with
her loan that is serviced by Defendant; (2) a March 14, 2016
"mortgage statement;" (3) a March 15, 2016
"request for initial packet for making home affordable
program" sent to Plaintiff by Defendant; (4) a March 18,
2016, "transfer of service notice" to Plaintiff
from Defendant advising Plaintiff that her loan that had been
serviced by CitiFinancial Servicing LLC was transferred to
Defendant on March 4, 2016; (5) an April 11, 2016 letter to
Plaintiff from Defendant advising Plaintiff that its records
show expiration of hazard insurance on the property at issue,
that it does not have evidence of new coverage, and that it
plans to buy insurance for the property; (6) an April 13,
2016 "mortgage statement;" and (7) an April 14,
2016 letter to Plaintiff from Defendant with instructions for
applying for a "mortgage loan modification."
moves to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). Plaintiff
did not oppose the motion. Instead, she filed a motion to
amend the complaint, which is opposed by Defendant.
proceeds pro se and, therefore, her pleading is
liberally construed and her complaint, "however
inartfully pleaded, must be held to less stringent standards
than formal pleadings drafted by lawyers." Erickson
v. Pardus, 551 U.S. 89, 94 (2007). Under Rule 12(b)(6),
a motion to dismiss may be granted only if, accepting the
well-pleaded allegations in the complaint as true and viewing
them in the light most favorable to the plaintiff, a court
concludes that those allegations "could not raise a
claim of entitlement to relief." Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 558 (2007). "Though
'detailed factual allegations' are not required, a
complaint must do more than simply provide 'labels and
conclusions' or 'a formulaic recitation of the
elements of a cause of action.'" Davis
v. Abington Mem'l Hosp., 765 F.3d 236, 241 (3d
Cir. 2014) (quoting Twombly, 550 U.S. at 555). In
addition, a plaintiff must plead facts sufficient to show
that a claim has substantive plausibility. See Johnson v.
City of Shelby, ___ U.S. ___, 135 S.Ct. 346, 347 (2014).
A complaint may not dismissed, however, for imperfect
statements of the legal theory supporting the claim asserted.
See Id. at 346.
reviewing the sufficiency of a complaint, a court should
follow a three-step process: (1) consider the elements
necessary to state a claim; (2) identify allegations that are
merely conclusions and therefore are not well-pleaded factual
allegations; and (3) accept any well-pleaded factual
allegations as true and determine whether they plausibly
state a claim. See Connelly v. Lane Constr. Corp.,809 F.3d 780, 787 (3d Cir. 2016); Williams v. BASF
Catalysts LLC,765 F.3d 306, 315 (3d Cir. 2014).
Deciding whether a claim is plausible will be a