Académique Documents
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Culture Documents
No. 13-1968
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, Senior District
Judge. (1:13-cv-00324-JFM)
Submitted:
Decided:
January 8, 2014
PER CURIAM:
Cathy
D.
Brooks-McCollum
and
Samuel
J.
McCollum,
as
amended,
against
the
Defendants.
Plaintiffs
the
Fair
Credit
Reporting
Act
(FCRA)
and
Fair
Debt
amended
On
asserted
complaint
appeal,
for
Plaintiffs
violations
of
the
lack
of
subject
assert
FCRA
that
and
the
matter
they
FDCPA.
had
We
affirm.
We review de novo a district courts dismissal for lack of
subject matter jurisdiction under [Fed. R. Civ. P.] 12(b)(1).
Taylor v. Kellogg Brown & Root Servs., Inc., 658 F.3d 402, 408
(4th Cir. 2011). Plaintiffs have the burden of proving subject
matter jurisdiction. Piney Run Pres. Assn v. County Commrs of
Caroll Cnty., Md., 523 F.3d 453, 459 (4th Cir. 2008). We also
review de novo a district courts dismissal under Fed. R. Civ.
P. 12(b)(6), accepting factual allegations in the complaint as
true
and
drawing
all
reasonable
inferences
in
favor
of
the
state
claims. *
See
28
U.S.C.
1331,
1367
(2006).
are
for
not
want
of
subject
colorable,
such
matter
as
jurisdiction
claims
that
are
if
the
wholly
FCRA
or
that
any
Defendant
requested
or
used
credit
under
association
the
are
FDCPA.
not
The
debt
officers
collectors
of
under
the
the
homeowners
FDCPA,
see
15
FDCPA,
violations
Plaintiffs
of
Plaintiffs
filing
1692k(d)
(2012)
starting
from
Finally,
in
court
did
the
FDCPA
of
the
the
date
of
absence
of
err
by
complaint
that
(providing
the
not
amended
occurred
instant
a
declining
to
See
statute
violation
federal
not
within
action.
one-year
the
did
allege
one
year
15
U.S.C.
of
of
question,
exercise
any
of
limitations
the
the
statute).
district
supplemental
argument
adequately
because
presented
in
the
the
facts
and
materials
legal
before
contentions
this
court
are
and