Torliatt

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LAWRENCE TORLIATT, Case No. 19-cv-04303-WHO

Plaintiff, ORDER REGARDING DEFENDANT'S v. MOTION TO DISMISS

OCWEN LOAN SERVICING, LLC, Re: Dkt. No. 36 Defendant.

Plaintiff Lawrence Torliatt brings this putative class action against defendants Ocwen Loan Servicing, LLC (“Ocwen”) and PHH Mortgage Corp. (collectively, “PHH”), alleging that they violated the Fair Debt Collection Practices Act (“FDCPA”) and the Rosenthal Fair Debt Collection Practices Act (“Rosenthal Act”) by charging “Pay to Pay” convenience fees for paying his mortgage payments online or over the phone. Torliatt has adequately alleged that PHH violated Section 1692f(1) of the FDCPA, but not that PHH is a debt collector under the definition in the statute. However, he has alleged that PHH is a debt collector under the Rosenthal Act, which is broader than the FDCPA. Accordingly, PHH’s motions to dismiss is GRANTED as to Torliatt’s FDCPA claim, and DENIED with respect…