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SCHLEGEL v. WELLS FARGO BANK, NA

No. 11-16816.

720 F.3d 1204 (2013)

John SCHLEGEL, on behalf of himself and all others similarly situated; Carol Robin Schlegel, on behalf of herself and all others similarly situated, Plaintiffs-Appellants, v. WELLS FARGO BANK, NA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 3, 2013.

Attorney(s) appearing for the Case

S. Chandler Visher , Law Offices of S. Chandler Visher, San Francisco, CA; Daniel M. Harris (argued) and Anthony P. Valach, Jr. , The Law Offices of Daniel Harris, Chicago, IL, for Plaintiffs-Appellants.

Jan T. Chilton (argued), Mark D. Lonergan , and Michael J. Steiner , Severson & Werson, San Francisco, CA, for Defendant-Appellee.

Before: J. CLIFFORD WALLACE and SANDRA S. IKUTA, Circuit Judges, and MARVIN J. GARBIS, Senior District Judge.

OPINION

IKUTA, Circuit Judge:

John and Carol Schlegel appeal the dismissal of their action seeking relief under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692p (2006), and the Equal Credit Opportunity Act (ECOA), 15 U.S.C. §§ 1691-1691f (2006). We affirm the district court's dismissal of the Schlegels' FDCPA claim, because their complaint did not plausibly allege that Wells Fargo was a "debt collector" for purposes...

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