Sepideh Cirino v. Rescap Borrower Claims Trust

MEMORANDUM

Sepideh Cirino appeals pro se from the district court’s judgment dismissing her action alleging federal claims relating to her mortgage and the foreclosure of her property. 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). Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010). We may affirm on any ground supported by the record. Enlow v. Salem-Keizer Yellow Cab Co., 389 F.3d 802, 811 (9th Cir. 2004). We affirm.

Dismissal of Cirino’s Fair Debt Collection Practices Act (“FDCPA”) claim was proper because Cirino failed to allege facts sufficient to show that any defendant is a debt collector within the meaning of the FDCPA. See 15 U.S.C. § 1692a(6) (definition of “debt collector” under FDCPA); Schlegel v. Wells Fargo Bank, NA, 720 F.3d 1204, 1208 (9th Cir. 2013) (complaint “must plead factual content that allows the court to draw the reasonable inference” that defendant is a “debt collector” as defined by the FDCPA (citations and internal quotation marks omitted)).

The district court properly dismissed Cirino’s Fair Credit Reporting Act (“FCRA”) claim…