Dowers v. Nationstar Mortgage, LLC | 9th Cir. - 15 U.S.C. section 1692f(6) where that provision governed defendants' alleged conduct because it expressly applied to the enforcement of security interests such as a deed of trust

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DALE DOWERS; DEBRA DOWERS, Plaintiffs-Appellants, v. NATIONSTAR MORTGAGE, LLC; WELLS FARGO BANK, NA; WELLS FARGO BANK MINNESOTA, NA, Trustee Banc of America Alternative Loan trust series 2003–2007, Defendants-Appellees. SUMMARY* Home Loans The panel affirmed in part and reversed in part the district court’s Fed. R. Civ. P. 12(b)(6) dismissal of plaintiffs’ action asserting claims relating to the defendants’ servicing of plaintiffs’ home loan. Affirming in part, the panel held that plaintiffs’ Fair Debt Collection Practices Act claims under 15 U.S.C. §§ 1692c(a)(2), 1692d, and 1692e failed because the defendants did not engage in “debt collection” and were not acting as “debt collectors.” Reversing in part, the panel disagreed with the district court’s dismissal with respect to the claim under 15 U.S.C. § 1692f(6), and held that that provision governed defendants’ alleged conduct because it expressly applied to the enforcement of security interests such as a deed of trust. The panel concluded that the district court should not have dismissed Count Four on the ground that Nationstar Mortgage, LLC was engaging in conduct related to non-judicial foreclosure. The panel held that the district court correctly dismissed plaintiffs’ claim of intentional infliction of emotional distress. The panel concluded that plaintiffs’ allegations did not meet the first element of extreme and outrageous conduct for such a claim under Nevada law. The panel held that the district court properly dismissed plaintiffs’ claim of a violation of the Nevada Deceptive Trade Practices Act. The panel agreed with the district court’s prediction that the Supreme Court of Nevada would hold that real estate loans did not fall within the Act. [...]