McCrimmon v. Mariner Finance North Carolina, Inc.
McCrimmon v. Mariner Finance North Carolina, Inc.
Opinion of the Court
MEMORANDUM ORDER
Before the court is a motion by Mariner Finance North Carolina, Inc. (“Mariner”) to dismiss Corey A. McCrimmon’s claims under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., the North Carolina Debt Collection Act (“NCDCA”), N.C. Gen. Stat. § 75-50 et seq., and the North Carolina Unfair and Deceptive Trade Practices Act (“NCUDT-PA”), N.C. Gen. Stat. § 75-1.1 et seq. (Doc. 8.) For the reasons set' forth below, the motion will be granted in. part and McCrimmon’s FDCPA claim will be dismissed. In addition, because the court lacks original jurisdiction over the remaining claims in this case, the court will decline to exercise supplemental jurisdiction over, them pursuant to 28 U.S.C. § 1367(c)(3). As a result, the action will be remanded to the Superior Court of Led County, North Carolina.
I. BACKGROUND
On June 11, 2010, McCrimmon executed a Note and Security Agreement in favor of Mariner.
On June 10, 2015, McCrimmon filed this action in the Superior Court of Lee County, North Garolina. McCrimmon brings claims for violations of the FDCPA,
11. ANALYSIS
Mariner first moves to dismiss McCrimmon’s FDCPA claim. (Doc. 9 at 9-12.)
Here, Mariner does not qualify as a debt collector for the purposes of the FDCPA.1 Instead, Mariner is a creditor because' it extended credit directly' to McCrimmon.' (See Doc. 7 ¶ 13.) Even if the allegedly improper statements made' by Mariner officers and employees were attempts to collect a debt, it appears that these individuals’óhly acted in the company’s name. (See id. ¶¶ 33-38 (claiming that the "allegedly improper statements occurred during phoné call's McCrimmon placed to Mariner employees and visits McCrimmon made to a Mariner branch).) The court therefore concludes that Mariner is not a debt collector subject to the FDCPA. McCrimmon’s FDCPA claim will be dismissed., .
' Mariner ' also* moves to dismiss McCrimmon’s NCDCA and NCUDTPA claims. (Doc. 9 at -4-9,) Given the absence of a viable federal claim or grounds for the exercise of diversity jurisdiction,
III. CONCLUSION
For the reasons stated, the court finds that the complaint fails to state a claim under the FDCPA. The court declines to exercise supplemental jurisdiction over the remaining State law claims.
IT IS THEREFORE ORDERED that Mariner’s .motion to dismiss (Doc. 8) is GRANTED IN PART and McCrimmon’s claim for relief under the FDCPA is DISMISSED. .
IT IS FURTHER ORDERED that this action is remanded to the Superior Court of Lee County, North Carolina.
. At the time, Mariner was known as Security Finance Corporation of Lincolnton. (Doc. 7 ¶ 13.) In 2014, the company changed its name to Mariner Finance North "Carolina, Inc. (Doc. 7 ¶ 8.)
.McCrimmon failed to respond to Mariner’s arguments regarding the FDCPA in his response brief. (See Doc. 15.) When á party fails to respond to a motion, “the motion will-be considered and decided as an uncontested motion, and ordinarily will be granted without further notice.” M.D.N.C. LR 7.3(k). This court has strictly enforced Local Rule 7.3. The court need not rely on McCrimmon’s failure to respond in this case, however, because Mariner clearly does not qualify as a debt collector for the purposes of the FDCPA.
. Non-binding unpublished decisions are cited only for the persuasive value of their reasoning,
. McCrimmon resides in Lee County, North Carolina. (Doc, 7 ¶ 2.) Mariner is incorporated under the laws of the State of North Carolina. (Id] ¶ 4.) As such, this: court lacks diversity jurisdiction under 28 U.S.C. § 1332.
Reference
- Full Case Name
- Corey A. MCCRIMMON v. MARINER FINANCE NORTH CAROLINA, INC. f/k/a Security Finance Corporation of Lincolnton
- Cited By
- 1 case
- Status
- Published