In Pineda v. Saxon Mortgage Services, Inc. (C.D.Cal.2008) 2008 WL 5187813, Judge Selna held that a loan servicer was not subject to the FDCPA:
The FDCPA only applies to to a “debt collector”, which specifically excludes creditors and mortgage servicers. 15 U.S.C. 1692a(6)(F). Saxon cites persuasive authority to support this argument. In Perry v. Stewart Title, Co. 756 F.2d 1197 (5th Cir. 1985), the Fifth Circuit noted that the “legislative history of section 1692a(6) indicates conclusively that a debt collector does not include the company’s creditors, a mortgage servicing company, or an assignee of a debt, as long as the debt was not in default at the time it was assigned.” Pineda does not allege that Saxon is a debt collector. Nor does Pineda allege that the debt was in default at the time of the assignment.
The District Court therefore granted the Motion to Dismiss.