EPISODE · Jun 5, 2026
Case Explained: Sedrick Cooper; Marquita Cooper Plaintiffs— v. PennyMac Loan Services, L.L.C Defendant—
from DIFTCL: Federal Narrative Summaries · host Do It For The Caselaw
Court: United States Court of Appeals for the Fifth Circuit Filed: 2026-06-05 The Fifth Circuit affirmed the district court’s grant of PennyMac Loan Services’ motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) and its denial of the Coopers’ motion to amend their complaint. The court applied a de novo standard of review, requiring that a complaint contain sufficient factual matter to state a claim for relief that is plausible on its face. The court held that the Coopers abandoned any arguments regarding the dismissal of their claims under the Fair Credit Reporting Act and 18 U.S.C. § 1623 by failing to address them on appeal. Regarding the remaining FDCPA claims, the court found the Coopers failed to challenge the district court’s conclusion that they did not sufficiently allege PennyMac was a debt collector subject to the statute’s provisions. Furthermore, the court determined the district court did not abuse its discretion in denying leave to amend because the proposed amendment would have been futile as it failed to cure the deficiencies identified in the dismissal order. Consequently, the judgment of the district court stands, and the Coopers’ claims are dismissed without prejudice to filing a new complaint that adequately alleges the necessary elements. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.
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Case Explained: Sedrick Cooper; Marquita Cooper Plaintiffs— v. PennyMac Loan Services, L.L.C Defendant—
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