Redmond v. Green Tree Servicing, LLC, 941 F. Supp. 2d 694

Dudley executed a mortgage loan with Green Tree Servicing, LLC; Dudley died, leaving the debt to his wife Carolina Dudley.
The Dudley Debt defaulted by January 2012 and remains in default.
Timothy and Colleen Redmond leased the mortgaged property from Mrs. Dudley and did not enter into any agreement with Green Tree or assume the Dudley Debt.
Green Tree contacted the Redmonds multiple times in 2012 to collect the Dudley Debt; a sister paid $704.73 toward the Debt on February 20, 2012.
Plaintiffs allege harassment by Green Tree, including repeated calls, threats, and mischaracterizations that implied plaintiffs owed the debt.
On September 5, 2012, the Redmonds filed suit asserting UDTPA and TCPA violations; Green Tree moved to dismiss under UDTPA, which the court denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plaintiffs are consumers under the NCDCA to support debt-collection claims	Redmonds have a connection to the debt; alleged debt and harassment bring them within NCDCA	Plaintiffs did not incur the debt and thus lack consumer status under NCDCA	Yes; NCDCA extends to claims by individuals harassed about debts allegedly incurred by them.

Reid v. Ayers, 138 N.C.App. 261 (2000) (defined consumer, debt, and debt collector under NCDCA)
Ross v. Washington Mut. Bank, 566 F.Supp.2d 468 (E.D.N.C.2008) (supports standing under FDCPA-related reasoning for consumers)
Fisher v. Eastern Air Lines, Inc., 517 F.Supp.672 (M.D.N.C.1981) (discussed related to incurrence of debt and standing)
Baker v. GC Serv. Corp., 677 F.2d 775 (9th Cir.1982) (addressed standing when asserting rights to debt collection)
McCartney v. First City Bank, 970 F.2d 45 (5th Cir.1992) (noted consumer protection scope in collection context)
Meadows v. Franklin Collection Servs., Inc., 414 Fed.Appx. 230 (11th Cir.2011) (FDCPA-related standing; broad protection against misidentification)