Maria Thomas v. Williams & Fudge, Inc.

Summary

The United States District Court for the Western District of Missouri grants Williams & Fudge, Inc.’s motion to dismiss Maria Thomas’s Fair Debt Collection Practices Act claim. The court holds that the alleged threat to withhold Thomas’s college transcripts was not shown to be false, deceptive, or misleading because the complaint did not establish compliance with the conditions of 34 C.F.R. § 668.14(b)(34). The court denies Thomas’s motion to strike, grants leave to file a sur-reply, and finds her motion to compel a scheduling conference moot.

Holdings

1. The reply did not present a new legal theory because its argument concerning the contractual and regulatory effect of the Program Participation Agreement related back to and supplemented arguments made in Defendant's motion to dismiss and opening brief.
2. The website link and date included in Defendant's reply did not constitute new evidence requiring striking because the referenced Program Participation Agreement was a public record necessarily embraced by the complaint and could be judicially noticed on a motion to dismiss.
3. The complaint failed to state a plausible FDCPA claim because, accepting the allegations as true, Plaintiff did not establish that 34 C.F.R. § 668.14(b)(34) protected her transcript from withholding, and the alleged statement that the transcript would be withheld upon nonpayment was not shown to be false, deceptive, or misleading.

Questions Presented

1. Whether portions of Defendant's reply presented a new legal theory or impermissible extrinsic evidence warranting a motion to strike.
2. Whether Plaintiff should be permitted to file a sur-reply to address the arguments and evidence in Defendant's reply.
3. Whether the complaint plausibly alleged that Defendant used a false, deceptive, or misleading representation or threatened action that could not legally be taken in violation of the FDCPA.
4. Whether Plaintiff's motion to compel a scheduling conference became moot after dismissal.

Disposition

dismissed