Wang
Wang v. Asset Acceptance, LLC
Opinion
Opinion
Conti, J.
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS
I. INTRODUCTION
This matter comes before the Court on the Motion to Dismiss (“MTD”) filed by Defendant Asset Acceptance, LLC (“Defendant” or “Asset”). Docket No. 16. Plaintiff Johnny Wang (“Plaintiff’ or “Wang”) filed an Opposition and Defendant submitted a Reply. Docket Nos. 21, 24. For the following reasons, the Motion to Dismiss is GRANTED IN PART and DENIED IN PART.
II. BACKGROUND
On August 20, 2009, Wang sued Asset in California Superior Court, County of Alameda. See Notice of Removal, Docket No. 1, Ex. A (“Compl.”). Wang challenges Asset’s debt collection practices. Id. ¶ 1. Wang faults Asset for reporting debts to credit reporting agencies (“CRAs”), but failing to report, if applicable, that such debts are disputed, or that the debts are passed their statute of limitations. Id. Wang’s action is a putative class action on behalf of two classes: (1) California residents who have disputed debts that have been reported by Asset to CRAs, and (2) California residents whose reported debts are not within the statute of limitations. Id. ¶ 3.