Moya

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS

Defendant Chase Bank USA, N.A. moves to dismiss plaintiffs First Amended Complaint (“Complaint”) on the ground that it fails to state a claim for relief.

Plaintiffs Complaint, filed on behalf of herself and a purported class, alleges that defendant violated several provisions of the Fair Debt Collection Practices Act (“FDCPA”), including 15 U.S.C. Section 1692e, which generally prohibits “false, deceptive or misleading” collection activities; Section 1692e(10), which forbids “the use of any false representation or deceptive means to collect or attempt to collect any debt”; and Section 1692f, prohibiting “unfair or unconscionable” methods of debt collection. Plaintiff also alleges that defendant violated § 1692(c)(2) as incorporated into California law by Cal. Civ.Code § 1788.14(c) by sending impermissible collection notices to debtors whose attorneys had previously notified defendant that the debtors had legal representation. Plaintiff alleges that these sections of the FDCPA are incorporated into California law under Cal. Civ.Code § 1788.17 of the Rosenthal Fair Debt Collection Practices Act (“CFDCPA”),…