D. Lanty McCartney III v. First City Bank, Collecting Bank, National Association (A Bank in Liquidation) and First City Asset Servicing Company

DUHÉ, Circuit Judge:

This case requires us to decide whether the validity of the underlying debt bars an action under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692o, and more specifically whether the Plaintiff alleged sufficient facts in his complaint to prevail under the Act. We also must decide whether the Plaintiff can withstand a motion to dismiss his claim for damages under 42 U.S.C. § 1983 and for a declaratory judgment under 28 U.S.C. § 2201. We hold that an action under § 1692 is not contingent upon the validity of the underlying debt, and that the Plaintiff has…