Robert Hill v. SCA Credit Services, Inc

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:14-cv-29565 Copies to all parties and the district court/agency. [999696496].. [15-1554]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1554

ROBERT HILL; MARY HILL, his wife, Individually
behalf of all others similarly situated,

and

on

Plaintiffs - Appellants,
v.
SCA CREDIT SERVICES, INC.,
Defendant - Appellee.

Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley.
Irene C. Berger,
District Judge. (5:14-cv-29565)

Submitted:

October 19, 2015

Decided:

November 10, 2015

Before WILKINSON, KING, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Ralph C. Young, Jed R. Nolan, HAMILTON, BURGESS, YOUNG &
POLLARD, PLLC, Fayetteville, West Virginia; Troy N. Giatras, THE
GIATRAS
LAW
FIRM,
PLLC,
Charleston,
West
Virginia,
for
Appellants.
Paul C. Kuhnel, Kevin P. Oddo, John T. Jessee,
Joseph M. Rainsbury, LECLAIR RYAN, PC, Roanoke, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Robert Hill and Mary Hill appeal from the district court’s
order granting Defendant’s Fed. R. Civ. P. 12(b)(6) motion and
dismissing their amended class action complaint for failure to
state a claim, confining their appeal to the district court’s
dismissal

of

their

claims

alleging

violations

of

the

West

Virginia Consumer Credit and Protection Act (WVCCPA), see W. Va.
Code

Ann.

§§ 46A-1-101

to

46A-8-102

(LexisNexis

2015).

We affirm.
We review a district court’s dismissal under Rule 12(b)(6)
for

failure

to

state

a

claim

de

novo,

“assuming

all

well-pleaded, nonconclusory factual allegations in the complaint
to be true.”

Aziz v. Alcolac, Inc., 658 F.3d 388, 391 (4th Cir.

2011).

survive

“To

a

motion

to

dismiss

pursuant

to

Rule

12(b)(6), plaintiffs’ ‘[f]actual allegations must be enough to
raise a right to relief above the speculative level,’ thereby
‘nudg[ing]

their

plausible.’”

claims

across

the

line

from

conceivable

to

Id. (quoting Bell Atl. Corp. v. Twombly, 550 U.S.

544, 555 (2007)).

Although we “must accept the truthfulness of

all factual allegations” in the complaint, Burnette v. Fahey,
687 F.3d 171, 180 (4th Cir. 2012), statements of bare legal
conclusions

“are

not

entitled

to

the

assumption

Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009).
conclusions

the

plaintiffs

draw
2

from

the

of

truth.”

We will accept the
facts

“only

to

the

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extent they are plausible based on the factual allegations.”
Burnette,
court,

687

we

F.3d

may

at

180.

consider

Additionally,

documents

attached

like
to

the

the

district

complaint.

Sec’y of State for Defence v. Trimble Navigation Ltd., 484 F.3d
700, 705 (4th Cir. 2007).

Where a conflict exists between “the

bare allegations of the complaint” and any attached exhibit,
“the

exhibit

prevails.”

Fayetteville

Inv’rs

v.

Commercial

Builders, Inc., 936 F.2d 1462, 1465 (4th Cir. 1991).
We

conclude

after

review

of

the

amended

class

action

complaint, the letters attached thereto, and the parties’ briefs
that the district court did not reversibly err in dismissing the
complaint.

The

Hills

did

not

articulate

facts

that,

when

accepted as true, demonstrate plausible claims for relief under
the

WVCCPA.

See

W.

Va.

Code

Ann.

§§ 46A-2-124, -125, -127, -128, & 46A-6-102(7)(M); Chevy Chase
Bank v. McCamant, 512 S.E.2d 217, 225 (W. Va. 1998); Orlando v.
Fin. One of W. Va., Inc., 369 S.E.2d 882, 885 (W. Va. 1988).
Accordingly, we affirm the district court’s order.
Credit

Servs.,

Inc.,

No.

5:14-cv-29565

(S.D.W.

Hill v. SCA
Va.

Apr.

22,

2015).
We dispense with oral argument because the facts and legal
contentions

are

adequately

presented

in

the

materials

before

this court and argument would not aid the decisional process.
AFFIRMED
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