Marc Rosenberg won a Rule 12(b)(6) motion to dismiss in Hoffman v. Transworld Sys. Inc. in the U.S. District Court for the Western District of Washington. Borrowers filed a class action, alleging that attorneys obtaining judgments against them violated the Fair Debt Collection Practices Act, Collection Agency Act, and Consumer Protection Act by filing declarations of loan servicers who allegedly were not competent to testify to the facts in their declarations. The court determined the one-year statute of limitations barred the FDCPA. It also ruled that the conduct at issue failed to meet the required “trade or commerce” element of the CPA. After dismissing all claims, the court denied plaintiffs’ motion for reconsideration.
Jan 10, 2019