Monty G. Carroll, Jr. v. Rodenburg LLP ( 2019 )

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[Unpublished]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-