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Ana I. Muniz and Angel Muniz, Individually and On Behalf of A Class v. Bank of America

July 13, 2012

ANA I. MUNIZ AND ANGEL MUNIZ, INDIVIDUALLY AND ON BEHALF OF A CLASS, PLAINTIFFS,
v.
BANK OF AMERICA, N.A., DEFENDANT.



The opinion of the court was delivered by: Paul A. Engelmayer, District Judge:

OPINION & ORDER

In their putative class action Complaint, Plaintiffs Ana and Angel Muniz (the "Munizes") allege that Defendant Bank of America, N.A. ("BOA") sent them and other similarly situated individuals a debt collection notice that was in violation of the Fair Debt Collection Practices Act ("FDCPA" or the "Act"), 15 U.S.C. § 1692 et seq. They seek damages, declaratory relief, and injunctive relief. BOA moves to dismiss the Complaint pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim. For the reasons discussed herein, BOA's motion is granted.

I.Factual Background*fn1

The Munizes allege that, in or about July 2011, BOA sent them a letter (the "Letter") "demanding payment" of a $496,678.90 debt owed by the Munizes. Compl. ¶ 16, Ex. A. The return address indicated that the letter came from "Bank of America -- Home Loans." Id. at Ex. A.

BOA's Letter, attached to the Complaint as Exhibit A, stated, in pertinent part: IMPORTANT MESSAGE ABOUT YOUR LOAN Effective July 1, 2011, the servicing of home loans by our subsidiary-BAC Home Loan Servicing, LP, transfers to its parent company-Bank of America, N.A. Based upon our records as of June 27, 2011, the home loan account noted above is affected by this servicing transfer. The information contained in this communication does not change or affect any other communications you may have received or will receive regarding this servicing transfer.

IMPORTANT ADDITIONAL INFORMATION

Under the federal Fair Debt Collections [sic] Practices Act and certain state laws, Bank of America, N.A. is considered a debt collector. As a result, we are sending you the enclosed Fair Debt Collection Practices Act Notice containing important information about your loan and your rights under applicable federal and state law.

Id. The bottom of the first page added:

Bank of America, N.A. is required by law to inform you that this communication is from a debt collector attempting to collect a debt, and any information obtained will be used for that purpose.

Id. (emphasis in original). The Letter went on to inform the Munizes of the amount then owed on their loan.*fn2 It then stated:

Fair Debt Collections [sic] Practices Act and State Law Notice The servicing of your home loan was transferred to Bank of America, N.A., effective July 1, 2011. Bank of America, N.A. is required by law to advise you of the following:

(1.) Under the federal Fair Debt Collections Practices Act and certain state laws, Bank of America, N.A., is considered a debt collector. Bank of America, N.A. must provide certain information to you in order to make sure you are informed when a communication is related to a debt. The purpose of this letter is therefore to provide you with information required by law, including the amount of the debt.

(2.) Debt Validation Notice:

b) "The name of the creditor to whom the debt is owed [is]: BANA(TX LP)GOV'T ISTLIENS CIG." Please note that unless Bank of America is listed in 2(b) as the creditor of your loan, Bank of America, N.A. does not own your loan and only services your loan on behalf of your ...


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