O'Brien v. Deutsche Bank National Trust Co., No. 19-1143 (1st Cir. 2020)Annotate this Case
The First Circuit affirmed the district court's dismissal of Plaintiff's claims alleging that Defendants violated the Massachusetts Consumer Protection Act, Mass. Gen. Laws ch. 93A, and the Massachusetts Fair Debt Collection Practices Act, Mass. Gen. Laws ch. 93, 49, holding that both counts were time-barred.
Plaintiff filed her complaint against the current holder of a mortgage on her property and the servicer of the mortgage loan, alleging that the loan was predatory because at its inception the lender knew or should have known that Plaintiff would not be able to repay it. Defendants removed the case to federal district court and then moved to dismiss the complaint. The district court dismissed the chapter 93A count as time-barred and the second count on the ground that chapter 93, 49 does not provide private right of action. The First Circuit affirmed the dismissal of both counts, albeit on different grounds, holding that both the chapter 93A claim and the chapter 93, 49 claims were time-barred.