Weakley

ORDER DENYING WITHOUT PREJUDICE DEFENDANTS’ RULE 12(b)(1)-(2) and 12(b)(6) MOTION TO DISMISS

INTRODUCTION

Currently before the Court is Defendants’ Rule 12(b)(l)-(2) and 12(b)(6) motion to dismiss for lack of subject matter jurisdiction, lack of personal jurisdiction, and failure to state a claim. [Dkt. No. 32.] For the reasons set forth below, the Court DENIES Defendants’ Motion to Dismiss.

BACKGROUND

This action arises from Defendants’ alleged unlawful and abusive attempts to collect a debt allegedly owed by Plaintiff as stated in Plaintiffs First Amended Complaint (“FAC”). Defendant Redline Recovery Services, LLC, (“RRS”) is a debt collection agency located in Alpharetta, Georgia. [FAC ¶ 10.] Defendants Jay Riley Chates and Ken Hardy are employees and agents of RRS and reside in Dallas, Texas. [FAC ¶ 11; Schmidt’s Decl. in Supp. of Defs.’ Mot. to Dismiss, Exs. A and D.] Plaintiff is an individual consumer and resides in San Die go, California. [FAC ¶ 9.]

On June 30, 2009, Plaintiff initiated this action against Defendants, alleging causes of action for violation of 15 U.S.C. § 1692 et seq., the federal Fair Debt Collection Practices Act (hereinafter, “FDCPA”), and…