The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA □
WESTERN DIVISION
No. 5:18-CV-455-D
JORGE SUAREZ, )
Plaintiff,
v. ORDER .
CAMDEN PROPERTY TRUST, .
CAMDEN DEVELOPMENT, INC., ——) |
and CSP COMMUNITY OWNER, LP, ) .
Defendants. □ | So
On July 30, 2018, Jorge Suarez “Suarez” or “plaintif?”), on behalf of himself and others
similarly situated, filed a complaint in Wake County Superior Court against Camden Property Trust
(“Camden Property Trust”), Camden Development, Inc. (“Camden Development”), and CSP
Community Owner, LP, f/k/a CSP Community Owner, LLC, d/b/a/ Camden Westwood (“Camden
Westwood”; collectively, “defendants”), alleging violations of the North Carolina Debt Collection
Act (“NCDCA”), N.C. Gen. Stat. § 75-50, et seq. [D.E. 1-6]. On September 21, 2018, defendants
removed the action to this court under the Class Action Faimess Act of 2005 [D.E. 1].
On October 5, 2018, defendants moved to dismiss the complaint for lack of subject-matter
jurisdiction and for failure to state a claim [D.E. 17] and filed a memorandum a support [D.E. 18].
On October 26, 2018, Suarez amended his complaint [D.E. 20]. On November 9, 2018, defendants
moved to dismiss the amended complaint for lack of subject-matter jurisdiction and for failure to
state a claim [D.E. 21] and filed a memorandum in support [D.E. 22]. On December 31, 2018,
Suarez responded in opposition [D.E. 24]. On January 28, 2019, defendants replied [D.E. 26]. On
February 1, 2019, Suarez alternatively moved to remand [D.E. 27] and filed a memorandum in
support [D.E. 28]. On March 15, 2019, defendants responded in opposition IDE. 30]. On April 5,
2019, Suarez replied [D.E. 33]. As explained below, the court denies as moot defendants’ motion
to dismiss Suarez’s complaint, denies in part and grants in part defendants’ ‘motion to dismiss
Suarez’s amended complaint, and denies as Suarez’s motion to remand
On May 16, 2015, Suarez leased an apartment at Camden Westwood Apartments, which
defendants own. See Am. Compl. [D.E. 20] 21. On August 28, 2016, after Suarez vacated his
apartment, defendants sent a Final Account Statement (a “Statement”) to Suarez. See id. 22; Ex.
A [D.E. 20-1]. According to the Statement, Suarez owed defendants $147.76. See Am. Compl.
[D.E. 20] { 26; Ex. A [D.E. 20-1]. The Statement notified Suarez that “[a]ny eeienees not received
within thirty (30) days will be sent to a [third] party collection agency.” Ex. A [D.E. 20-1]. The
Statement stated that interest will begin accruing immediately on all pelences sent to collections.”
Id.
Although Suarez paid $82.76 ofhis remaining balance, he refused to pay a$55.00 charge for
“carpet stain removal” and a $10.00 charge to replace keys. See Am. Compl. DE. 20] Tf 26-29.
During the final walkthrough of Suarez’s apartment, a leasing agent told Suarez that the apartment
“looked okay” and that Suarez “had nothing to worry about.” Id. { 28. Suarez believed that any
carpet stains were ordinary wear and tear and that the $55.00 charge was not appropriate See id.
Suarez also believed that, because he returned all of the keys to his apartment, the $10.00 charge for
key replacement was not appropriate. See id. { 29. Thus, Suarez believed that “he had fulfilled his
obligations as a tenant and did not owe any additional amounts to [defendants].” Id. § 31.
On September 17, 2016, defendants e-mailed Suarez an updated statement reflecting a new
balance of $65.00. See id. § 33; Ex. C [D.E. 20-3]. The updated statement also stated that any
2
unpaid balance would be referred to a collection agency in 30 days. See Am. Compl: IDE. 20] 137;
Ex. C [D.E. 20-3]. In addition, an employee stated in the e-mail that “Talay unpaid balance will go
to a third party collections agency in 10 days and will begin accruing interest immediately.” Ex. C
[D.E. 20-3] 1. Although defendants sent these statements to all tenants with unpaid balances when
their leases end, defendants only refer unpaid balances that exceed $100 and only after 60 days. See
Am. Compl. [D.E. 20] ff 38, 42-45, 48, 54; Ex. D [D.E. 20-4]. Thus, Suarez alleges that these
representations are deceptive because they mislead tenants into believing that defendants will refer
any unpaid balances in 30 days regardless of the ane owed. See Am. Compl. [D.E. 20] 50-67.
Suarez alleges that these “empty threats” potentially cause similarly situated individuals to
send money to defendants that could be used for food, utility bills, housing, or rent. Id. q 58; see id.
459. According to Suarez, if consumers knew that defendants would only reiier their eccount toa
third-party collection agency in 60 days, and then only if the anne balance exceeded $100.00,
consumers would modify their actions accordingly. See id. " 61-63. Because of defendants’
representations and his unpaid balance of $65.00, Suarez suffered “anxiety, stress, anger, frustration,
and mental anguish.” Id. { 72; see id. □□ 73-74, 80-88. Suarez feared that third-party collection
agencies would harass him and charge him higher fees, that his employer would discover his
delinquencies, and that his credit score would fall. See id. □□□ 75-78. ‘Suarez claims that, ifhe knew
defendants’ actual policies about referring unpaid debts to collection agencies, he would not have
lost sleep either from anxiety or from time spent researching his definse. See id. 7 90-91. Suarez
alleges that defendants violated the NCDCA by sending deceptive Statements to all vacating tenants
and purports to sue on behalf of all former tenants who received a Statement in the four years before
Suarez filed his complaint in state court. See id. 77 92-142.
3
I,
Defendants first contend that Suarez lacks Article II standing. To invoke the power of a
federal court, a plaintiff must demonstrate that he has standing under Article III of the Constitution.
See Beck v. McDonald, 848 F.3d 262, 269 (4th Cir. 2017); Doe v. Obama, 631 F.3d 157, 160 (4th
Cir. 2011). Absent Article III standing, a court lacks subject-matter jurisdiction to hear a plaintiff’ s
claims. See White Tail Park, Inc. v. Stroube, 413 F.3d 451, 458-59 (4th Cir. 2005). To establish
Article II standing, a plaintiff must show that “(1) [the plaintiff] has suffered an injury in fact that
is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) the
injury is fairly traceable to the challenged action of the defendant; and (3) it is likely, as opposed to
merely speculative, that the injury will be redressed by a favorable decision.” Friends of the Earth,
Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 180-81 (2000); aian Defs. of
Wildlife, 504 U.S. 555, 560-61 (1992); Hutton v. Nat’ Bd. of Exam’rs in Optometry, Inc., □□□□
6 13, 6 19 (4th Cir. 2018); Doe, 631 F.3d at 160. These requirements are the “irreducible
constitutional minimum of standing,” Lujan, 504US. at 560, and they guarantee that the plaintiff
has a sufficient personal stake in the outcome of a dispute to render judicial resolution of it
appropriate.” Long Term Care Partners, LLC v. United States, 516 F.3d 225, 231 (4th Cir. 2008)
(quotation omitted); Emery v. Roanoke City Sch. Bd., 432 F.3d 294, 298 (4th Cir. 2005).
Injury-in-fact is the “first and foremost” of the three Cues of Article 0 standing,
Spokeo, Inc. v. Robins, 136 8, Ct, 1540, 1547 (2016) (alteration omitted). “To establish may in
fact, a plaintiff must show that he or she suffered an invasion of a legally protected interest that is
concrete and particularized and actual or imminent, not conjectural or hypothetical.” Id. at 1548
(quotations omitted); see Deal v. Mercer Cty. Bd. of Educ., 911 F.3d 183, 187 (4th Cir. 201 8), cert.
docketed, No. 18-1487 (U.S. May 29, 2019). Although an injury must be concrete (.e., real and not
abstract), it need not be tangible. See Spokeo, 136 S. Ct. at 1548-49; Curtis v. Propel Prop. Tax
Funding, LLC, 915 F.3d 234, 240-41 (4th Cir. 2019); Griffin v. Dep’t of Labor Fed, Credit Union,
912 F.3d 649, 654 (4th Cir. 2019); cf. generally Pleasant Grove City v. Sma, 555 US. 460
(2009); Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 US. 520 (1993).
A “violation of a statutory right” does not “automatically satisf[y] the injury-in-fact
requirement” of Article III. Frank v. Gaos, 139 S. Ct. 1041, 1046 (2019) (per curiam); see Spokeo,
136 S. Ct. at 1549. Rather, a plaintiff alleging that a defendant violated his statutory rights still must
have “a personal stake in the case,” which is “the traditional core of standing.” Krakauer v. Dish
Network, LLC, 925 F.3d 643, 653 (4th Cir. 2019). “Private litigation . . . must vindicate the
plaintiffs’ interests, rather than serve solely [as] a vehicle for ensuring legal compliance.” Id.
However, a “violation of a procedural right granted by statute can be sufficient” for Article II
standing, Spokeo, 136 S. Ct. at 1549; see Fed, Blection Comm’n v. Akins, 524 U.S. 11, 20-25
(1998). For example, an “informational injury [can be] a type of intangible injury that can constitute
an Article I injury in fact.” Dreher v. Experian Info, Sols., Inc., 856 F.3d 337, 345 (4th Cir. 2017)
(quotation omitted). □□
A defendant can mount either a facial or a factual attack upon standing, See Hutton, 892 F.3d
at 620-21; Kerns v. United States, 585 F.3d 187, 192 (4th Cir. 2009); Adams v. Bain, 697 F.2d
1213, 1219 (4th Cir. 1982). A facial attack asserts that a complaint fails to allege facts upon which
to base subject-matter jurisdiction. See Hutton, 892 F.3d at 621 n.7; Adams, 697 F.2d at 1219. The
court takes the factual allegations of the complaint as true when a defendant makes a facial challenge
to subject-matter jurisdiction. See Beck, 848 F.3d at 270; Kerns, 585 F.3d at 192; Adams, 697 F.2d
at 1219.
In evaluating a class action complaint, the Fourth Circuit analyzes “standing based on the
allegations of personal injury made by the named plaintiffs.” Hutton, 892 F.3d at 620 (quotation
omitted); see Beck, 848 F.3d at 269; Doe, 631 F.3d at 160. Thus, if Suarez himself lacks standing,
this court lacks subject-matter jurisdiction. . oe
As for defendants’ challenge to Suarez’s standing to sue, courts generally have held that
recipients of deceptive communications from debt collectors have standing to sue under the Federal
Debt Collection Practices Act (“FDCPA”), even absent economic harm. See, e.g., Barnhill v.
FirstPoint, Inc., No. 1:15-CV-892, 2017 WL 2178439, at *5—-6 (MDN.C. May 17, 2017)
(unpublished); Velez v. Healthcare Revenue Recovery Grp., LLC, No. 1:16CV377, 2017 WL
1476144, at *3-4 (M.D.N.C. Apr. 24, 2017) (unpublished); Biber v. Pioneer Credit Recovery, Inc.,
229 F. Supp. 3d 457, 465 (E.D. Va. 2017); Brown v. Transurban USA, Inc., 144 F. Supp. 3d 809,
827 (E.D. Va. 2015); cf. Pender v. Bank of Am. Corp., 788 F.3d 354, 366 (4th Cir. 2015). The
FDCPA “create[s] aright to accurate debt-related ripernatipn and non-abusive collection practices,”
and a deceptive communication “concretely harms a debtor by detrimentally affecting that debtor’s
decisions regarding his debt.” Biber, 229 F. Supp. 3d at 465. Moreover, a plaintif? s enctional
distress, anger, and frustration can distinguish cognizable injuries from bare procedural violations.
See, €.8,, Spokeo, 136 S. Ct. at 1549: Moore v. Blibaum & Assocs. P.A., 693 F. App’x 205, 206
(4th Cir. 2017) (per curiam) (unpublished); Ben-Davies v. Blibaum & Assocs., BA, 695 F. App’x
674, 676-77 (4th Cir. 2017) (per curiam) (unpublished). . Oo
Taking Suarez’s factual alle gations as true, Suarez received a deceptive communication from
defendants ening Suarez’s debt that caused him to experience emotional fieree anger, and
Courts applying North Carolina law have looked to the FDCPA petorneaetenioere
provisions in the NCDCA. See, e.g., Reid v. Ayers, 138 N.C. App. 261, 263-64, 531 S.E.2d 231,
233-34 (2000); Redmond v. Green Tree Servicing, LLC, 941 F. Supp. 2d 694, 698 (E.D.N.C. 2013);
DIRECTV, Inc. v. Cephas, 294 F. Supp. 2d 760, 764 n.2 (M.D.N.C. 2003).
6
frustration. These intangible harms “actually exist[ed].” Spokeo, 136 S. Ct. at 1548. Thus, Suarez
suffered a particularized and concrete injury-in-fact. Moreover, to the extent that the defendants
‘Suggest that Suarez’s harms are not fairly traceable to the Statement, see [D.E. 26] 3-4, the court
rejects the argument. Suarez’s allegations concern Suarez’s mistaken beliefs about defendants’
practices arising from the Statement, and the alleged harms are fairly traceable to the Statement.
Accordingly, Suarez has Article II standing, and the court denies defendants’ motion to dismiss for
lack of subject-matter jurisdiction. .
As for Suarez’s alternative motion to remand, Suarez sought remand only if the court held
that Suarez lacks standing [D.E. 27]. Because Suarez has standing, the court denies Suarez’s motion
to remand as moot.
A motion to dismiss under Rule 12(b)(6) tests the complaint’s legal and factual sufficiency.
See Ashcroft v. Iqbal, 556 U.S. 662, 677-80 (2009); Bell Atl. Corp. v. Twombly, 550 US. 544, 554-
63 (2007); Coleman v. Md, Court of Appeals, 626 F.3d 187, 190 (4th Cir. 2010), aff'd, 566 U.S. 30
(2012); Nemet Chevrolet, Ltd. v. Consumeraffairs.com, Inc., 591 F.3d 250, 255 (4th Cir. 2009);
Giarratano v. Johnson, 521 F.3d 298, 302 (4th Cir. 2008). To withstand a Rule 12(b)(6) motion, a
pleading “must contain sufficient factual matter, accepted as true, to state a claim to relief that is
plausible on its face.” Iqbal, 556 U.S. at 678 (quotation omitted); see Twombly, 550 U.S. at 570;
Giarratano, 521 F.3d at 302. In considering the motion, the court must construe the facts and
reasonable inferences “in the light most favorable to the [nonmoving party].” Massey v. Ojaniit, 759
F.3d 343, 352 (4th Cir. 2014) (quotation omitted); see Clatterbuck v. City of Charlottesville, 708
F.3d 549, 557 (4th Cir. 2013), abrogated on other grounds by Reed v. Town of Gilbert, 135 S. Ct.
2218 (2015). A court need not accept as true a complaint’s legal conclusions, “unwarranted
inferences, unreasonable conclusions, or arguments.” Giarratano, 521 F.3d at 302 (quotation
omitted); see Iqbal, 556 U.S. at 678-79. Rather, aplaintifP s factual allegations must “nudge[ ] [his]
claims,” Twombly, 550 U.S. at 570, beyond the realm of ee possibility” into “plausibility.”
Igbal, 556 U.S. at 678-79.
When evaluating a motion to dismiss, a court considers the pleadings and any materials
“attached or incorporated into the complaint.” E.L. du Pont de Nemours & Co. v. Kolon Indus., Inc.,
637 F.3d 435, 448 (4th Cir. 2011); see Fed. R. Civ. P. 10(c); Goines v. Valley Cmty. Servs. Bd., 822
F.3d 159, 165-66 (4th Cir. 2016); Thompson v. Greene, 427 F.3d 263, 268 (4th Cir. 2005). A court
also may consider a document submitted by a moving party if it is “‘ntegral to the commiting and
there is no dispute about the document’s authenticity” without converting Gemoion into one for
summary judgment. Goines, 822 F.3d at 166. Additionally, a court may a judicial notice of
public records when evaluating a motion to dismiss for failure to state a claim. See, e.g., Fed. R.
Evid. 201; Tellabs, Inc. v. Makor Issues & Rights, Ltd., 55 1U.S. 308, 322 (2007); Philip sv. Pitt Cty.
Mem’l Hosp., 572F.3d176,180(4thCir.2009). =
Subject-matter jurisdiction is based on diversity of citizenship, and the court applies state
substantive law and federal procedural rules. See Erie R.R. v. Tompkins, 304 US. 64, 78-80
(1938); Dixon v. Edwards, 290 F.3d 699, 710 (4th Cir. 2002). ‘North Carolina law poptien!
Accordingly, this court must predict how the Supreme Court of North Carolina would rule on any
disputed state-law issue. See Twin City Fire Ins. Co. v. Ben Amold-Sunbelt Beverag € Co. of S.C.,
433 F.3d 365, 369 (4th Cir. 2005). In doing so, the court must look first to Onin the Supreme
Court of North Carolina. See id.; Stahle v. CTS Corp, 817 F.3d 96, 100 th Cir, 2016). If there
are no governing opinions from that court, this court may consider the opinions of the North Carolina
Court of Appeals, treatises, and “the practices of other states.” Twin City Fire Ins. Co., 433 F.3d at
369 (quotation omitted).” In predicting how the highest court of a state would address an issue, this
court must “follow the decision of an intermediate state appellate court unless there [are] persuasive
data that the highest court would decide differently.” Toloczko, 728 F.3d at 398 (quotation omitted); □
Hicks v. Feiock, 485 U.S. 624, 630 & n.3 (1988). Moreover, in predicting how the highest court
of a state would address an issue, this court “should not create or expand a [s]tate’s public policy.”
Time Warner Entm’t-Advance/Newhouse P’ ship v. Carteret-Craven Elec. Membership Corp., 506
F.3d 304, 314 (4th Cir. 2007) (alteration and quotation omitted); Day & Zimmerman, Inc. v.
Challoner, 423 U.S. 3, 4 (1975) (per curiam); Wade v. Danek, Inc., 182 F.3d 281, 286 (4th Cir.
1999).
“The NCDCA prohibits debt collectors from engaging in unfair debt collection practices,
including the use of threats, coercion, harassment, unreasonable publications of the consumer’ s debt,
deceptive representations to the consumer, or other unconscionable means.” Ross v. FDIC, 625 F.3d
808, 817 (4th Cir. 2010); see N.C. Gen. Stat. §§ 75-50-75-56. AnNCDCA claim has three threshold
requirements. See Davis Lake Cmty. Ass’n v. Feldmann, 138 NC. App. 292, 295, 530 S.E.2d 865,
868 (2000); Reid, 138 N.C. App. at 263, 531 S.E.2d at 233. First, the “obligation owed must be a
‘debt;’ second, the one owing the obligation must be a ‘consumer;’ and third, the one trying to
collect the obligation must be a ‘debt collector.’” Reid, 138 N.C. App. at 263, 531 S.E.2d at 233;
see Glenn v. FNF Servicing, Inc., No. 5:12-CV-703-D, 2013 WL 4095524, at 3 (EDN. Aug. 13,
2013) (unpublished). A plaintiff also must establish the elements of a UDTPA claim: (1) an unfair
or deceptive act (2) in or affecting commerce (3) proximately causing injury. ‘See Ross, 625 F.3d
at 817; Feldmann, 138 N.C. App. at 296, 530 S.E.2d at 868; Reid, □□□ N.C. App. at 266, 531 S.E.2d
2 North Carolina does not have a mechanism to certify questions of state law to its Supreme
Court. See Town of Nags Head v. Toloczko, 728 F.3d 391, 397-98 (4th Cir. 2013).
at 235; Campbell v. Wells Fargo Bank, N.A., 73 F. Supp. 3d 644, 649 (E.D.N.C. 2014).
An act “is unfair when it offends public policy and when [it] is immoral, unethical,
oppressive, unscrupulous, or substantially injurious to consumers.” Walker Vv. Branch Banking &
Tr. Co., 133 N.C. App. 580, 583, 515 S.E.2d 727, 729 (1999) (quotation omitted); see Fritz v. Duke
Energy Carolinas, LLC, No. 5:13-CV-724-D, 2014 WL 3721373, at *3—-4 (E.D.N.C. July 24, 2014)
(unpublished). In the context of debt collection practices, such acts include threats, coercion,
harassment, deceptive representations, and unconscionable means. See N.C. Gen. Stat. §§ 75-51-75-
55; Feldmann, 138 N.C. App. at 296, 530 S.E.2d at 868; Fritz, 2014 WL 3721373, at *3. To state
claim under section 75-54, a plaintiff must plausibly allege that “the act complained of possessed
the tendency or capacity to mislead, or created the likelihood of deception.” Forsyth Mem’! Hosp..,
Inc. v. Contreras, 107 N.C. App. 611, 614, 421 S.E.2d 167, 169-70 (1992) (quotation omitted). A
plaintiff “need not show deliberate acts of deceit or bad faith.” Wilkes Nat'l Bank v. Halvorsen, 126
Nc. App. 179, 183, 484 S.B.2d 582, 585 (1997) (quotation omitted),
As for Suarez’s section 75-54 claim, Suarez alleges that defendants stated that any unpaid
balance would be referred to a third-party collections agency within 30 days but that defendants did
not intend to refer unpaid balances less than $100 or less than 60-days old. See Am. Compl. [D.E.
20] Tf 37, 40-45. Suarez alleges that the Statement had the tendency ot capacity to mislead or
deceive Suarez as to defendants’ intentions in referring unpaid balances to collection azencies. See
Contreras, 107 N.C. App. at 614, 421 8.B.2d at 169-70; Fritz, 2014 WL 3721373, at *4, Section
75-54(4) lists representations that “falsely represent[] the creditor’s rights or intentions” as actionable
deceptive representations. N.C. Gen. Stat. § 75-54(4); cf. Koeppling in env. Seterus, Inc., No. 1:17-CV-
995, 2018 WL 4055268, at *10 (M.D.N.C. Aug. 24, 2018) (unpublished), report and
recommendation adopted, No. 1:17-CV-995, 2018 WL 4401738 (MDN.C. Sept. 14, 2018)
10
(unpublished). Thus, Suarez has plausibly alleged a section 75-54 claim.
As for causation, for claims arising from an alleged misrepresentation, “actual reliance
requires that the plaintiff have affirmatively incorporated the alleged misrepresentation into his or
her decision-making process: if it were not for the misrepresentation, the plaintiff would likely have
avoided the injury altogether.” Bumpers v. Cmty. Bank of N. Va., 367 N.C. 81, 89, 747 S.B.2d 220,
227 (2013); see Rikos v. Procter & Gamble Co., 799 F.3d 497, 517 (6th Cir. 2015). Detrimental
reliance must be both actual and reasonable. See Bumpers, 367 N:C. at 89-90, 747 S.E.2d at 227;
Collins v. First Fin. Servs., Inc., No. 7:14-CV-288-FL, 2016 WL 589688, at *13 DNC. Feb. 10,
2016) (unpublished). Non-economic harm, such as emotional distress, can be cognizable injuries
under the NCDCA. See, e.g., Ross, 625 F.3d at 818. Suarez alleges that, but for defendants’
misrepresentations, he would not have suffered emotional distress because of his mistaken belief that
defendants would refer his unpaid balance to a third-party collection agency. See, e.g., Am. Compl.
[D.E. 20] 85-91. Accordingly, Suarez has plausibly alleged proximate causation, and the claim
ekes across the line from possibility to plausibility. Whether this claim will survive a motion for
summary judgment is an issue for another day. _
As for Suarez’s section 75-51 claim, section 75-51 forbids debt collectors from using “any
unfair threat, coercion, or attempt to coerce” to collect a debt, including by “[t]hreatening to take any □
action not in fact taken in the usual course of business, unless it can be shown that such threatened
action was actually intended to be taken in the particular case in which the threat was made.” N.C.
Gen. Stat. § 75-51(7). The parallel FDCPA provision forbids debt collectors from threatening “to
take any action . . . that is not intended to be taken.” 15US.C. § 1692e(5). The FDCPA provision
applies to false threats of litigation. See, e.g., Mavilla v. Absolute Coll. Serv.. Inc., 539 F. App’x
202, 207 (4th Cir. 2013) (per curiam) (unpublished); United States v. Nat'l Fin. Servs., Inc., 98 F.3d
11
131, 135-36 (4th Cir. 1996). Suarez alleges that the Statement said that defendants would refer his
unpaid balance to a third-party collection agency when, in reality, defendants do not do so in the
usual course of business for unpaid debts as small as his. Suarez’s section 75-51 claim ekes across
the line from possibility to plausibility. Whether this claim will survive a motion for summary
judgment is an issue for another day. .
As for Suarez’s section 75-55 claim, section 75-55 forbids debt collectors from “collect{ing]
or attempt[ing] to collect any debt by the use of any unconscionable means.” N.C. Gen. Stat. § 75-
55. Suarez’s allegations do not plausibly allege that defendants engaged in any conduct that section
75-55 lists as an unconscionable means. See N.C. Gen. Stat. § 75-55(1)(4). Although section 75-
55’s list is not exhaustive, Suarez’s allegations merely repackage defendants’ allegedly deceptive
conduct. See Am. Compl. [D.E. 20] ff 134-41, Accordingly, Suarez, has not plausibly alleged a
section 75-55 claim. Thus, the court grants defendants’ motion to dismiss the claim,
IV.
In sum, the court DENIES AS MOOT defendants’ motion to dismiss Suarez’s original
complaint [D.E. 17], DENIES IN PART and GRANTS IN PART defendants? motion to dismiss
Suarez’s amended complaint [D.E. 21], and DENIES AS MOOT Suarez’s motion to remand IDE.
27]. The clerk shall continue management of the case.
SO ORDERED. This 29 day of July 2019. oo
A Narier
J S C. DEVER Il
United States District Judge
12 oe