CLASS C 52. This action defines “Class C” as follows: “Class C” is comprised of all persons with addresses within the state of California who were sent, within one year prior to the filing date of this action a “communication” as defined by 15 U.S.C. § 1692a(2) to recover a consumer debt which was substantially similar to Plaintiff’s Exhibit 1 (June 20, 2016 collection notice), which were not returned undelivered by the United States Postal Service, in which the communication included the language “We are required to report any debt forgiveness to the Internal Revenue Service.” 53.

17. The Court further finds that FCO is a “debt collector" as as defined by 15 U.S.C. § 1692a(6) and was attempting to collect a debt on behalf of Archstone Simi Valley LLC and Avalonbay Communities, Inc. 2.

That result would be contrary to the plain text of the FDCPA, which, as shown above, distinguishes between a creditor and a debt collector on the basis of whether the debt is owed to the entity doing the collection or owed to someone else. Compare 15 U.S.C. § 1692a(4) with id. § 1692a(6).

RESPONSE: Deny. REQUEST NO. 12: Admit that Defendant FNBO attempted to collect a "debt", as that term is defined by 15 U.S.C. § 1692a (5), from Plaintiff. RESPONSE: Deny.

SOF ¶ 29. Accordingly, the undisputed facts reveal that BANA acquired the servicing rights to the loan prior to default and is therefore considered a “creditor” under the FDCPA, and CHL is sufficiently affiliated with BANA to also be considered a “creditor” rather than a “debt collector” under the FDCPA, see 15 U.S.C. § 1692a(6)(A)-(B), (F)(iii). In short, multiple exceptions exclude defendants from the scope of the FDCPA.

. As the court explained in Reyes v. Wells Fargo Bank, N.A. 2011 U.S. Dist. LEXIS 2235, at *59 (N.D. Cal. Jan. 3, 2011), for example, although the FDCPA excludes creditors collecting on their own debts, 15 U.S.C. § 1692a(6), that exclusion does not appear in the state statute. See Cal. Civ. Code §1788.2(c). Nor does the FDCPA’s exclusion of “loan servicers who acquire servicing rights before a mortgage loan is in default” (Mtn. at 7-10, citing 15 U.S.C. § 1692a(6)(f)), appear anywhere in the Rosenthal Act.4 As this Court has held multiple times, the broad consumer protections of the Rosenthal Act apply to mortgage debt and mortgage servicing.

104(h) and (l). CONCLUSION For the reasons stated above, Plaintiff asks this Court deny Messerli’s Motion to Dismiss as all communications between Messerli and Plaintiff were the type contemplated by 15 U.S.C. § 1692a(2), and Messerli violated the numerous and multiple provisions of the FDCPA and WCA as outlined in his complaint. Dated: February 15, 2017 s/Matthew C. Lein Matthew C. Lein, 1084028 15692 Hwy 63 North PO Box 761 Hayward, Wisconsin 54843 Telephone: (715) 634-4273; Fax: (715) 634-5051 Email: mlein@leinlawoffices.com ATTORNEY FOR PLAINTIFF Case: 3:16-cv-00748-bbc Document #: 32 Filed: 02/15/17 Page 47 of 47

O. Discover and DB Servicing are not debt collectors under FDCPA. See 15 U.S.C. § 1692a(6)(F). P. The First Amended Complaint fails to show Ludwig has a plausible claim for relief from Discover or DB Servicing; Ludwig fails to state a claim upon which relief can be granted under the FDCPA.

S.Rep. No. 95-382, 95th Cong., 1st Sess. (1977), reprinted in 1977 U.S.C.C.A.N. 1695, 1697-98, 1977 WL 16047. “Under this so-called default exception [15 U.S.C. § 1692a(6)(F)], courts have consistently held that agencies such as Sallie Mae that are involved in the administration and servicing of student loans are not ‘debt collectors.’” Mondonedo v. Sallie Mae, Inc., No. 07-4059, 2009 U.S. Dist. LEXIS 25497, at *3 n.28 (D. Kan. March 25, 2009 )(citations in footnote omitted)

In other words, a debt collector is one whose ‘principal purpose’ is the collection of debts of another or one who ‘regularly’ collects or attempts to collects the debts of another. See 15 U.S.C. § 1692a(6). Both prongs are entitled to their full import.”