Full title: Kyle James, Plaintiff, v. AssetCare, LLC, [1] Defendant.
Court: United States District Court, Southern District of Texas
Date published: Dec 21, 2022
Facts
James is a resident of California. Compl. ¶ 3, ECF No. 1. AssetCare is a Texas corporation that operates a consumer debt collection agency. Id. ¶ 4.
In March 2022, Peter Jackson, who is not a party to this lawsuit, reviewed his credit report and discovered a collection action reported by AssetCare. Compl. ¶¶ 8-9. Jackson allegedly owed $1,004 to Cypress Emergency Associates with an open date of June 29, 2021. Id. ¶ 12. Jackson called AssetCare and was told by a representative that their records showed that the actual date of the debt was July 18, 2015. Id. ¶ 11. The incorrect open date caused a decrease in Jackson’s credit score and made the account appear to be more recently delinquent than it was. Id. at ¶ 13. Jackson “assigned 100 percent of his claim(s)” to James. Id. at ¶ 3
Issue
Court Judgment
The court recommends that Defendant AssetCare’s motion to dismiss, ECF No. 11, be granted and that the FDCPA claims be dismissed without prejudice. Leave to amend the complaint is denied as futile because the claims asserted are not assignable, and the addition of factual assertions would not make them so.
The parties have fourteen days from service of this report and recommendation to file written objections. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72. Failure to timely file objections will preclude appellate review of factual findings or legal conclusions, except for plain error. See Thomas v. Arn, 474 U.S. 140, 147–49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
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