Magistrate Judge Recommends That Borrower’s FDCPA, Class Claims Be Dismissed

Mealey's (December 15, 2020, 6:23 PM EST) -- BROOKLYN, N.Y. — Dismissal of a borrower’s class claims pursuant to the Fair Debt Collection Practices Act (FDCPA) against her mortgage loan servicer is warranted, a federal magistrate judge ruled Nov. 15, because although her debt qualifies as a debt, her loan servicer does not qualify as a debt collector and she failed to sufficiently show that the loan servicer committed any acts or omissions in violation of the statute (Tyrana Jones v. New Penn Financial LLC, No. 19-1493, E.D. N.Y., 2020 U.S. Dist. LEXIS 216988)....