Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 2:18-cv-01172—Edmund A. Sargus, Jr., District Judge.
Decided and Filed: March 9, 2020
Before: NORRIS, MOORE, and DONALD, Circuit Judges.
BERNICE BOUIE DONALD, Circuit Judge. Plaintiff-Appellant Anita Cagayat seeks an
order from this Court reversing the district court’s dismissal of her claim brought pursuant to
15 U.S.C. § 1692f(8) of the Fair Debt Collection Practices Act and remanding the matter back to
the district court. The district court dismissed Cagayat’s Fair Debt Collection Practices Act
allegation for failure to state a plausible claim to relief, reasoning that the exhibits attached to her
complaint contradict the factual allegations therein that are central to the claim. Because we find
that the exhibits Cagayat attached to her complaint do not utterly discredit the factual allegations
central to her 15 U.S.C. § 1692f(8) claim and because those factual allegations give rise to a
plausible violation of § 1692f(8), we reverse the district court’s holding and remand the matter
for reconsideration in light of this opinion.