Oei

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

On May 19, 2006, plaintiffs Paul and Suzette Oei filed this action against N Star Capital Acquisitions LLC (“North Star”), the Law Offices of D. Scott Carruthers, and certain unnamed defendants. The complaint asserts, against all defendants, a claim under the Fair Debt Collection Practices Act (“FDCPA” or the “Act”), 15 U.S.C. §§ 1692 -1692o, and a claim under California law for intentional infliction of emotional distress. The complaint also asserts, against North Star and Does 6 through 10, a claim under the Robbins-Rosenthal Fair Debt Collections Practices Act (the “Rosenthal Act”), California Civil Code §§ 1788-1788.33. Plaintiffs seek actual damages, punitive damages, statutory damages, costs, attorney’s fees, declaratory relief, and other appropriate relief. On July 21, 2006, defendant North Star filed a motion to dismiss the complaint for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

I. FACTUAL BACKGROUND

Paul and Suzette Oei (collectively, “the Oeis”) have purportedly never possessed or used an Aspire Visa credit card. Nonetheless, on September 8, 2005,…