Monty G. Carroll, Jr. v. Rodenburg LLP, No. 18-3667 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Benton, Shepherd and Kelly, Circuit Judges] Civil case - Fair Debt Collection Practices Act. Dismissal affirmed without comment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-3667 ___________________________ Monty G. Carroll, Jr., on behalf of himself and all others similarly situated; Lawrence D. Smith, on behalf of himself and all others similarly situated lllllllllllllllllllllPlaintiffs - Appellants v. Rodenburg LLP lllllllllllllllllllllDefendant - Appellee ____________ Appeal from United States District Court for the District of North Dakota - Fargo ____________ Submitted: August 9, 2019 Filed: August 14, 2019 [Unpublished] ____________ Before BENTON, SHEPHERD, and KELLY, Circuit Judges. ____________ PER CURIAM. Monty Carroll and Lawrence Smith appeal the district court’s1 dismissal of their purported class action brought under the Fair Debt Collection Practices Act (FDCPA). Having carefully reviewed the record and the parties’ arguments on appeal, we conclude the court properly dismissed the complaint. See Plymouth Cty. v. Merscorp, Inc., 774 F.3d 1155, 1158 (8th Cir. 2014) (de novo review of Fed. R. Civ. P. 12(b) dismissal order); Duffy v. Landberg, 215 F.3d 871, 873-75 (8th Cir. 2000) (alleged FDCPA violations are evaluated through the eyes of the unsophisticated consumer; unsophisticated consumer standard contains an objective element of reasonableness to protect debt collectors from liability for peculiar interpretations of collections letters). Accordingly, the judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Daniel L. Hovland, Chief Judge, United States District Court for the District of North Dakota. -2-
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