Opinion
4:07CV00754-WRW.
December 19, 2007
ORDER
Pending is Defendants' Motion to Dismiss (Doc. No. 5). Plaintiffs have responded.
Doc. No. 7.
Plaintiffs bring this cause of action against Bayview Loan Servicing, LLC "pursuant to 104 F.T.C. 949, 1070 (1984), 15 U.S.C. §§ 45(n) . . . for Unfair, Trade Practices. . . ."
Doc. No. 1.
Defendants assert that this case should be dismissed because 15 U.S.C. §§ 45 does not provide for a private cause of action. It appears to me that Defendants are correct.
See Morrison v. Back Yard Burgers, Inc., 91 F.3d 1184, 1187 (recognizing that "there is no private cause of action for violations of the Federal Trade Commission Act); Carlson v. Coca-Cola Co., 483 F.2d 279, 280 (9th Cir. 1973) (holding that the Federal Trade Commission Act "vests initial remedial power solely in the Federal Trade Commission"); Baum v. Great Western Cities, Inc., of New Mexico, 703 F.2d 1197, 1209 (10th Cir. 1983) (holding that "private litigants cannot invoke the jurisdiction of the district courts by alleging violations of business practices proscribed by 15 U.S.C.A. § 45(a)(1)").
Accordingly, Defendants' Motion to Dismiss is GRANTED and this case is DISMISSED. All other pending motions are DENIED as MOOT.
IT IS SO ORDERED.