Full title: JERRETT WILDE, Plaintiff, v. UHG I, LLC, Defendant.
Court: United States District Court, Western District of New York
Date published: Jul 5, 2023
Facts
Plaintiff Jerrett Wilde brings a single-count complaint against defendant UHG I, LLC (“UHG”) alleging that UHG violated the Federal Fair Debt Collection Practices Act (“FDCPA”) by filing a time-barred lawsuit against him in a Texas state court to collect a debt of Mr. Wilde’s that UHG had purchased from another entity. UHG moves to dismiss Mr. Wilde’s complaint for failure to state a claim, arguing principally that it is a “creditor,” not a “debt collector,” as the FDCPA defines those terms and, consequently, is not subject to the FDCPA.
Issue
Decision
The court concludes that Mr. Wilde has plausibly alleged that UHG is a “debt collector” as the FDCPA defines that term. 15 U.S.C. § 1692a(6). UHG does not challenge the other elements necessary to Mr. Wilde’s FDCPA claim. See Wilkins, 623 F.Supp.3d at 270 (defining elements of FDCPA claim). Therefore, the court denies UHG’s motion to dismiss.
For the foregoing reasons, UHG I, LLC’s Motion to Dismiss (Doc. 8) is DENIED.