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Frances Macias; Paul Macias, Individually and On Behalf of All Others v. Integrity Nationwide Investigations

May 17, 2013

FRANCES MACIAS; PAUL MACIAS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
INTEGRITY NATIONWIDE INVESTIGATIONS, INC.; WATER AND POWER COMMUNITY CREDIT UNION, DEFENDANTS.



The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

I. Background

Order Granting Defendant Integrity's Motion to Dismiss and Dismissing all Other Claims for Lack of Subject Matter Jurisdiction Docket No. 26

Plaintiffs Frances Macias and Paul Macias, individually and on behalf of all others similarly situated (collectively "Plaintiffs"), have sued Defendant Integrity Nationwide Investigations, Inc., ("Integrity") under the Federal Debt Collection Practices Act ("FDCPA"). See generally First Amended Complaint ("FAC"). Plaintiffs have sued Integrity and Water and Power Community Credit Union ("Water and Power") (collectively "Defendants") under California's Rosenthal Fair Debt Collection Practices Act. (Id.) Plaintiffs assert this Court has federal question jurisdiction and supplemental jurisdiction over the claims in this case. (FAC ¶ 8.) Because Integrity is not a "debt collector" within the meaning of the FDCPA, the Court dismisses the FDCPA claim--the sole federal claim in this case. The Court, thus, no longer has federal question jurisdiction, and supplemental jurisdiction over the remaining state law claims is now improper.

Plaintiffs allegedly incurred a debt to Water and Power. (FAC ¶¶ 25-26.) Sometime before September 12, 2012, "Plaintiffs allegedly fell behind in the payments allegedly owed on the alleged debt." (FAC ¶ 28.) On or about September 12, 2012, Integrity sent a letter to Plaintiffs, which they received a few days later, about their alleged debt. (FAC ¶¶ 30-31.) By the time that Integrity sent this letter, the FAC alleges that Plaintiff's debt was "assigned, placed, or otherwise transferred, to INTEGRITY for collection." (FAC ¶ 29.) Integrity was allegedly acting as Water and Power's agent when it sent this letter, which reads:

FRANCES MACIAS & PAUL MACIAS RE: Loan [Redacted]

Dear Member:

Integrity Nationwide Investigations ("Integrity") has been retained by Water & Power Community Credit Union to locate you and deliver this demand letter. Under California and Federal Law, Integrity is obligated to inform you that Water & Power Community Credit Union, on its own behalf, is attempting to collect a debt it alleges is owed by you. Any information obtained as a result of this correspondence will be used for the purposes of pursuing satisfaction of that debt.

Water & Power Community Credit Union informs Integrity that you were granted a loan in good faith, and that you agreed to make monthly payments of $[redacted] until repaid. According to the records from Water & Power Community Credit Union, you have failed to make the agreed upon payments.

The following is additional information Integrity is obligated to provide to you. as the agent of Water & Power Community Credit Union:

1. The current amount due of the debt is $[redacted]:

2. The debt is owed by you to Water & Power Community Credit Union:

3. Unless you dispute the validity of this debt or any part thereof.[sic] within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by Water & Power Community Credit Union:

4. If you contact Water & Power Community Credit Union, in writing, within thirty (30) days of receiving this notice and inform Water & Power Commun11y Credit Union that the debt or any portion thereof is disputed, Water & Power Community Credit Union will obtain verification of the debt, and a copy of that verification will be mailed to you by Water & Power Community Credit Union: and

5. Upon your written request, within thirty (30) days of receiving this notice, Water & Power Community Credit Union will provide you with the name and address of the original ...


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