22 B 01957, 23 A 0330
Chapter 11 individual debtor/plaintiff sued a party that filed a proof of claim as well as its attorneys, asserting claims for relief under the Fair Debt Collections Practices Act. Defendants filed a motion to dismiss. Plaintiff requested time to file an amended complaint, which the court allowed. Defendants filed a motion to dismiss the amended complaint. The court granted the motion, and then granted a motion for reconsideration and allowed Plaintiff to file a second amended complaint. Defendants filed a third motion to dismiss. HELD: Plaintiff’s second amended complaint did not contain well-pleaded allegations that each of the Defendants was a debt collector. Neither did the second amended complaint plausibly allege that the underlying debt was a consumer debt – that it arose out of a transaction incurred primarily for personal, family, or household purposes. Both of these elements are required to state a claim for relief under the FDCPA. Since Plaintiff already had an opportunity to file both an amended and a second amended complaint, the court granted the motion to dismiss with prejudice.