Sharon

Sharon v. Nissan Motors Acceptance Corp.

Good Law
44 F. App'x 157
United States Court of Appeals for the Ninth CircuitAugust 5, 2002No. 01-15588; D.C. No. CV-99-01420-RLH/LRLCalifornia402 words

Opinion

Lead Opinion

MEMORANDUM *

Sharon appeals the district court’s dismissal of his action against the Nissan Motors Acceptance Corporation (NMAC). The district court dismissed Sharon’s pro se federal claims with prejudice, and then dismissed his state law claims for lack of jurisdiction.

The district court dismissed Sharon’s claim under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., on the ground that NMAC was not a “debt collector” as defined by the statute. The dismissal was pursuant to Rule 12(b)(6) for failure to state a claim. However, the district court relied on material outside the scope of the complaint in *158 reaching this conclusion, and thereby erred in dismissing on the pleadings. Branch v. Tunnell, 14 F.3d 449, 453 (9th Cir.1994); Garaux v. Pulley, 739 F.2d 437, 439-40 (9th Cir.1984).

The district court dismissed Sharon’s claim under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., on the ground that the Act only applied to credit reporting agencies. The FCRA also imposes obligations on entities that report information to credit reporting agencies. 15 U.S.C. § 1681s-2(b). Sharon’s complaint alleged that NMAC had reported incorrect…

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