Randall
Randall v. Ditech Fin., LLC
Opinion
lead Opinion
McConnell, J.
*806 I
INTRODUCTION
D.C. Randall, Jr., appeals from a judgment dismissing his operative second amended complaint (complaint) against Ditech Financial, LLC (Ditech) after *807 the trial court sustained Ditech's demurrer to the *274 complaint without leave to amend. Randall contends the court erred in its ruling as to his causes of action for violation of the federal Fair Debt Collection Practices Act (FDCPA; 15 U.S.C. § 1692 et seq. ) 1 and for violation of the state unfair competition law (UCL; Bus. & Prof. Code, § 17200 et seq. ) because these causes of action stated or can be amended to state viable claims.
We conclude the complaint stated a claim under section 1692f(1) of the FDCPA and can be amended to state a claim under section 1692f(6). Consequently, the complaint can also be amended to state a claim under the UCL. We therefore reverse the judgment and remand the matter to the court with directions to conduct further proceedings consistent with this decision.
II
BACKGROUND
A
According to the allegations in the complaint, which we must accept as true for purposes of this appeal ( Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919 , 924, 199 Cal.Rptr.3d 66 ,…