Torliatt

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LAWRENCE TORLIATT, Case No. 19-cv-04303-WHO

8 Plaintiff, ORDER REGARDING DEFENDANT'S 9 v. MOTION TO DISMISS

10 OCWEN LOAN SERVICING, LLC, Re: Dkt. No. 36 Defendant. 11

12 Plaintiff Lawrence Torliatt brings this putative class action against defendants Ocwen Loan 13 Servicing, LLC (“Ocwen”) and PHH Mortgage Corp. (collectively, “PHH”), alleging that they 14 violated the Fair Debt Collection Practices Act (“FDCPA”) and the Rosenthal Fair Debt 15 Collection Practices Act (“Rosenthal Act”) by charging “Pay to Pay” convenience fees for paying 16 his mortgage payments online or over the phone. Torliatt has adequately alleged that PHH 17 violated Section 1692f(1) of the FDCPA, but not that PHH is a debt collector under the definition 18 in the statute. However, he has alleged that PHH is a debt collector under the Rosenthal Act, 19 which is broader than the FDCPA. Accordingly, PHH’s motions to dismiss is GRANTED as to 20 Torliatt’s FDCPA claim, and DENIED with respect…