Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ellis v. Chase Bank USA, N.A.

United States District Court, D. Kansas

November 7, 2017

ANTHONY ELLIS, Plaintiff,
v.
CHASE BANK USA, NA, Defendant.

          MEMORANDUM AND ORDER

          Daniel D. Crabtree, United States District Judge

         Plaintiff Anthony Ellis brings this lawsuit against defendant Chase Bank, NA (“Chase”), asserting three claims in his First Amended Complaint-Count I seeks declaratory relief, Count II arises under the Fair Credit Reporting Act, and Count III alleges defendant's attempts to collect a debt from plaintiff were “Deceptive and Unconscionable Acts” that violated the Kansas Consumer Protection Act (“KCPA”), Kan. Stat. Ann. §§ 50-623, et seq. Doc. 7.

         This matter comes before the court on defendant's Motion for Partial Dismissal of Plaintiff's First Amended Complaint pursuant to Fed.R.Civ.P. 12(b)(6). Doc. 8. Defendant moves to dismiss only Count III-plaintiff's third claim under the KCPA. Id. For reasons explained below, the court grants defendant's motion.

         I. Factual Background

         The following facts are taken from plaintiff's First Amended Complaint (Doc. 7) and the court views them in the light most favorable to him. S.E.C. v. Shields, 744 F.3d 633, 640 (10th Cir. 2014) (“We accept as true all well-pleaded factual allegations in the complaint and view them in the light most favorable to the [plaintiff].”) (quotation omitted).

         Defendant, as a national bank, solicits, engages in, or enforces consumer transactions in the ordinary course of its business. Plaintiff opened an account with defendant sometime before 2015. Defendant reported this account as having a past-due balance sometime before 2015.

         In early 2016, defendant canceled the account and decided to stop collection efforts, consistent with defendant's internal policies. Defendant sent the IRS and plaintiff notice that it had cancelled plaintiff's account. Plaintiff's 2015 taxes increased because defendant cancelled the debt on the account. Plaintiff paid a significantly higher tax rate because he realized income from debt cancellation. Plaintiff's disability forced him into retirement in 2015, and also contributed to his incurring a higher tax rate.

         Also, plaintiff had a second and third account with defendant. Plaintiff settled an unpaid portion of both his second and third accounts. Defendant accurately reported the second and third accounts as ones with no balance due. Defendant continued to demand payment on plaintiff's first account and asserted it would continue to report the amount due until plaintiff paid defendant.

         II. Legal Standard

         Fed. R. Civ. P. 8(a)(2) provides that a complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Although this Rule “does not require ‘detailed factual allegations, '” it demands more than “[a] pleading that offers ‘labels and conclusions' or ‘a formulaic recitation of the elements of a cause of action'” which, as the Supreme Court explained, “will not do.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)).

         “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.'” Id. (quoting Twombly, 550 U.S. at 570). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556). “Under this standard, ‘the complaint must give the court reason to believe that this plaintiff has a reasonable likelihood of mustering factual support for these claims.'” Carter v. United States, 667 F.Supp.2d 1259, 1262 (D. Kan. 2009) (quoting Ridge at Red Hawk, L.L.C. v. Schneider, 493 F.3d 1174, 1177 (10th Cir. 2007)).

         Although the court must assume that the factual allegations in the complaint are true, it is “‘not bound to accept as true a legal conclusion couched as a factual allegation.'” Id. at 1263 (quoting Iqbal, 556 U.S. at 678). “‘Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice'” to state a claim for relief. Bixler v. Foster, 596 F.3d 751, 756 (10th Cir. 2010) (quoting Iqbal, 556 U.S. at 678).

         When evaluating a motion to dismiss under Fed.R.Civ.P. 12(b)(6), the court may consider not only the complaint itself, but also attached exhibits and documents incorporated into the complaint by reference. Smith v. United States, 561 F.3d 1090, 1098 (10th Cir. 2009) (citing Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308 (2007)) (further citations omitted). A court “‘may consider documents referred to in the complaint if the documents are central to the plaintiff's claim and the parties do not dispute the documents' authenticity.'” Id. (quoting Alvarado v. KOB-TV, L.L.C., 493 F.3d 1210, 1215 (10th Cir. 2007)) (internal quotation omitted).

         III. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.