McGrew

DANA M. SABRAW, District Judge.

Pending before the Court is a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Defendant Countrywide Home Loans, Inc. ("Countrywide"). [1] (Doc. 18.) The Court finds this matter suitable for submission without oral argument. See Civil Local Rule 7.1.d.1. For the following reasons, the motion is granted in part and denied in part.

Plaintiffs Carlos and Laura McGrew purchased a home financed by a negatively-amortizing adjustable-rate mortgage. Plaintiffs contend they were coerced into taking the home loan due to Defendants' false statements and predatory under-writing and lending tactics. Plaintiffs' First Amended Complaint (FAC) alleges, as against Countrywide, six claims for relief: (1) violation of the Truth in Lending Act ("TILA"), 15 U.S.C. § 1641 ; (2) breach of a fiduciary duty under TILA, 15 U.S.C. § 1639a; (3) violation of the Telephone Consumer Protection Act of 1991 ("TCPA"), 47 U.S.C. § 227 and 47 C.F.R. § 64.1200 ; (4) violation of California's Unfair Competition Law (" § 17200"), Cal. Bus. & Prof.Code § 17200, et seq.; violation of California's Rosenthal Fair Debt Collection Practices Act ("Rosenthal…