Peters v. Bank of America, N.A. et al

Filing 28

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 01/21/2015. (walk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

RODNEY PETERS,
Plaintiff,
V.

Civil Action No. 3:14-cv-513

BANK OF AMERICA, N.A., et al.
Defendants.
OPINION

This matter comes before the Court on the plaintiff's motion for leave to file an amended

complaint. (Dk. No. 21.) As part of his original nine-count complaint filed in March 2014
against five defendants, Peters brought one claim against Specialized Loan Servicing, LLC
("SLS"), under the Real Estate Settlement Procedures Act ("RESPA"). Peters now moves for

leave to file an amended complaint that would remove fi-om the action the four defendants who
settled with the plaintiff and add three new class claims under the Fair Debt Collection Practices
Act ("FDCPA") against SLS.

As a mortgage servicing company, SLS qualifies for an exemption from the FDCPA's
definition of a debt collector, so the proposed FDCPA claims against SLS fail as a matter of law.
Even if the new claims were not futile, the Court would deny leave to amend at this late stage in
the litigation.

Accordingly, the Court DENIES the plaintiffs motion for leave to amend his complaint.