Heather Lukashin v. Suttell & Hammer Ps
Opinion
Opinion
MEMORANDUM
Heather F. Lukashin and Igor Lukashin appeal pro se from the district court’s judgment dismissing their action alleging claims under the Fair Debt Collection Practices Act (“FDCPA”) and state law against the law firm and lawyers representing Capital One Bank (USA), N.A. in a state court debt collection case relating to Mrs. Lukashins’ unpaid credit card balance. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), and may affirm on any ground supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm.
The district court properly dismissed the Lukashins’ FDCPA claim because the Lukashins failed to allege facts sufficient to show a qualifying debt or actionable conduct under the FDCPA. See 15 U.S.C. § 1692a(5) (defining debt under the FDCPA); 15 U.S.C. §§ 1692e(2)(A), (10) (explaining prohibited practices under the FDCPA); see Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir.2010) (although pro se pleadings are liberally construed, plaintiff must allege facts sufficient to state a plausible claim).