Crenshaw v. Specialized Loan Servicing LLC, 9:16-cv-81215

Plaintiff Robert Crenshaw sued Specialized Loan Servicing, LLC under RESPA (12 U.S.C. § 2605(k)) and Regulation X, alleging failure to adequately respond to a written Request for Information (RFI) and a subsequent Notice of Error.
Plaintiff mailed the RFI by certified mail; records show delivery to Defendant in Littleton, Colorado and a signed certified return receipt. The property at issue is located in Round Rock, Texas.
Plaintiff alleged actual damages (certified postage under $100 and attorney’s fees) and sought statutory damages and other relief for Defendant’s alleged pattern of noncompliance.
Defendant removed the case to federal court in the Southern District of Florida and moved to dismiss for improper venue and for failure to state a claim.
The central venue provision in dispute was RESPA’s § 2614, which allows suit either where the property is located or where the violation occurred. Parties agreed property was in Texas; they disputed where the violation occurred.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether venue in S.D. Fla. is proper under RESPA § 2614	Venue is proper where plaintiff (or plaintiff’s counsel) became aware of the violation and incurred damages (Florida)	Venue is proper where the property is located (Texas) or where the alleged violation occurred (Defendant’s place of business, Colorado)	Venue is improper in S.D. Fla.; case dismissed (proper venues would be Texas or Colorado)
Whether a plaintiff can create venue by retaining counsel in forum	Plaintiff implied hiring counsel in Florida can supply venue because awareness/damages occurred there	Defendant argued counsel’s location cannot create venue where statute does not allow it	Court held plaintiff cannot create venue by hiring local counsel; statute controls venue
Proper interpretation of where a RESPA "violation" occurs	Plaintiff: violation completes when plaintiff/counsel becomes aware and suffers damage	Defendant: violation is defendant’s failure to act, which occurs where defendant is located/took (or failed to take) action	Court interpreted § 2614 narrowly: violation occurs where defendant’s conduct (failure to respond) happened, not where plaintiff learned of it
Whether to transfer or dismiss for improper venue	Plaintiff implicitly sought retention or transfer to S.D. Fla.	Defendant sought dismissal based on improper venue	Court exercised discretion and dismissed (did not transfer) because proper venues included Texas or Colorado

Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (pleading must state a plausible claim beyond labels and conclusions)
Ashcroft v. Iqbal, 556 U.S. 662 (2009) (legal conclusions not assumed true on a Rule 12(b)(6) review)
Chaparro v. Carnival Corp., 693 F.3d 1333 (11th Cir. 2012) (court must accept plaintiffs’ factual allegations and reasonable inferences on a motion to dismiss)
Roofing & Sheet Metal Servs., Inc. v. La Quinta Motor Inns, Inc., 689 F.2d 982 (11th Cir. 1982) (district court has discretion to dismiss or transfer for improper venue)
Miccosukee Tribe of Indians of Fla. v. S. Everglades Restoration Alliance, 304 F.3d 1076 (11th Cir. 2002) (same framework for evaluating allegations and inferences on motion to dismiss)