Full opinion text
MEMORANDUM OPINION (Resolving ECF 54, 70, 72, 74, 75, 76, and 92-2) DAVID D. DOWD, JR., District Judge. I. Introduction and Procedural Background A. Defendants ’ Dispositive Motions Plaintiffs allege in this putative class action that defendants violated the federal Fair Debt Collection Practices Act and the Ohio Corrupt Activities statute because of misrepresentations made by defendants during foreclosure proceedings against plaintiffs. Before the Court are motions by all defendants for judgment on the pleadings and or to dismiss all three counts of plaintiffs’ first amended complaint (Complaint) for failure to state a claim. The collective bases of defendants’ motions are: 1) lack of subject matter jurisdiction pursuant to the Rooker-Feldman doctrine; 2) abstention pursuant to the Younger doctrine; 3) res judicata (claim and issue preclusion); 4) FDCPA statute of limitations; and 5) no FDCPA violation. Plaintiffs were granted leave to conduct limited discovery before responding to defendants’ dispositive motions (ECF 82), after which plaintiffs filed an omnibus response to defendants’ motions (ECF 85). Defendants each replied to plaintiffs’ omnibus response, to which plaintiffs filed an omnibus sur-reply (ECF 95). DBNTC filed a reply to plaintiffs’ sur-reply (ECF 97). B. Report and Recommendation The Court referred all of defendants’ dispositive motions to United States Magistrate Judge Benita Pearson for a Report and Recommendation (ECF 93). Magistrate Judge Pearson heard oral argument on December 2, 2008, and subsequently issued a Report and Recommendation (Recommendation) regarding the disposition of those motions, as well as DBNTC’s requests to take judicial notice of certain documents filed in support of its motion to dismiss (ECF 99). Magistrate Judge Pearson has recommended: 1) granting defendants’ Rule 12 motions as to Count 1 of plaintiffs’ Complaint alleging violation of the FDCPA; 2) dismissing without prejudice Counts 2 and 3 of plaintiffs’ Complaint, which involve state law claims; and 3) granting DBNTC’s request to take judicial notice of certain documents. C. Plaintiffs’ Objections to Report and Recommendation and Defendants’ Responses Plaintiffs requested and received an extension of time to file their objections to the Recommendation (ECF 100). Plaintiffs objected to the Recommendation (ECF 101) insofar as it recommends: 1) granting defendants’ motions as to plaintiffs’ federal claims under the FDCPA (Count 1); 2) dismissing without prejudice plaintiffs’ state law claims (Counts 2 and 3); and 3) granting DBNTC’s requests for judicial notice. Defendants requested an extension of time to respond to plaintiffs’ objections (ECF 102). The Court allowed defendants more time, but not as much as they requested (ECF 103). Three of the four defendants filed responses to plaintiffs’ objections: WWR (ECF 104), Reisenfeld (ECF 106), and DBNTC (ECF 107). MDK did not respond to plaintiffs’ objections, but Kimball filed a stipulated dismissal dismissing Count 1 of the Complaint (FDCPA violation) against MDK with prejudice, and dismissing the remaining state claims — Counts 2 and 3 — against MDK without prejudice. See ECF 105. Kimball’s stipulated dismissal as to MDK specifically states that her claims against DBNTC remain. Id. The Court accordingly ordered the dismissal of Kimball’s FDCPA claims (Count 1) against MDK with prejudice, and the dismissal of Kim-ball’s state claims (Counts 2 and 3) against MDK without prejudice. See ECF 108. Consequently, defendant MDK’s motion for judgment on the pleadings, ECF 70, is DENIED without prejudice as moot. D. De novo Review The Court conducted a de novo review of the Recommendation pursuant to Rule 72(b)(3) of the Federal Rules of Civil Procedure. As a result of that de novo review and for the reasons discussed below, the Court concludes as follows: 1) DBNTC’s requests that the Court take judicial notice of certain documents filed in support of its motion to dismiss (ECF 76 and 92-2) are GRANTED; and 2) defendants’ Rule 12 motions as to Count 1 of the Complaint alleging violations of the FDCPA (ECF 70, 72, 74 and 75), are GRANTED. After dismissing plaintiffs’ federal claims, Count 1, the Court declines to exercise jurisdiction over plaintiffs’ state claims (Counts 2 and 3). Accordingly, defendants’ motions as to plaintiffs’ state law claims, Counts 2 and 3 (ECF 70, 72, 74 and 75), are DENIED without prejudice as moot. Lastly, plaintiffs have moved for class certification (ECF 54). In light of the Court’s ruling on defendants’ dispositive motions, plaintiffs’ motion for class certification is DENIED without prejudice as moot. II. Facts A. Whittiker Foreclosure On December 16, 2004, plaintiffs Jerry and Whittiker and Frances Whittiker (collectively, Whittiker) executed a promissory note to First NLC Financial Services, LLC, (First NLC) primarily for personal, family or household purposes. The note was secured by a mortgage to First NLC on property located in Maple Heights, Ohio. On December 1, 2006, defendant DBNTC, claiming that it was the owner and holder of the note executed by Whittiker, sued Whittiker in the Cuyahoga County Court of Common Pleas to foreclose on the Maple Heights property (Whittiker Foreclosure Action). Defendant WWR, a law firm, filed and prosecuted the foreclosure action against Whittiker on behalf of DBNTC. The Whittiker Foreclosure Action concluded with a judgment in favor of DBNTC and the property was sold to DBNTC at a sheriffs auction in January, 2008. Whittiker alleges in the Complaint that DBNTC was not the owner and holder of the promissory note when the Whittiker Foreclosure Action was filed. B. Kimball Foreclosure On November 20, 2004, plaintiff Valeria Kimball (Kimball) executed a promissory note to Ameriquest Mortgage Company (Ameriquest). The note was secured by a mortgage to Ameriquest on property located on East 173rd Street in Cleveland, Ohio. On May 25, 2005, defendant DBNTC, claiming that it was the owner and holder of the of the note executed by Kimball, sued Kimball in the Cuyahoga County Court of Common Pleas to foreclose on the East 173rd Street property (Kimball Foreclosure Action). Defendant MDK, a law firm, filed and prosecuted the foreclosure action against Kimball on behalf of DBNTC. The Kimball Foreclosure Action concluded with a judgment in favor of DBNTC and the property was sold to DBNTC at a sheriffs auction in November, 2006. Kimball alleges in the Complaint that DBNTC was not the owner and holder of the promissory note when the Kimball Foreclosure Action was filed. C. Stepanek Foreclosure On December 2, 2005, plaintiff James Stepanek (Stepanek) executed a promissory note to Argent Mortgage Company, LLC (Argent) primarily for personal, family or household purposes. The note was secured by a mortgage to Argent on property located on West 106th Street in Cleveland, Ohio. On March 25, 2008, defendant DBNTC, claiming that it was the owner and holder of the of the note and mortgage executed by Stepanek, sued Stepanek in the Cuyahoga County Court of Common Pleas to foreclose on the West 106th Street property (Stepanek Foreclosure Action). Defendant Reisenfeld, a law firm, filed and prosecuted the foreclosure action against Stepanek on behalf of DBNTC. At the time the Complaint was filed, the Stepanek Foreclosure Action was pending. Stepanek alleges in the Complaint that DBNTC actually was not the owner and holder of the note and mortgage when the Stepanek Foreclosure Action was filed. However, the Court notes that the Stepanek mortgage was assigned prior to the Stepanek Foreclosure Action and recorded the same day that action was filed. See ECF 73-3. III. Law And Analysis A. Rooker-Feldman Doctrine The Court has Subject Matter Jurisdiction to Rule on this Case As a threshold matter, defendants contend that the Court lacks subject matter jurisdiction over the Whittiker and Kim-ball claims under the Rooker-Feldman doctrine. Rooker-Feldman must be considered first because its application strips the Court of jurisdiction to consider affirmative defenses and the other bases of defendants’ motions. See Hutcherson v. Lauderdale County, Tennessee, 326 F.3d 747, 755 (6th Cir.2003) (rehearing and suggestion for rehearing en banc denied). The Rooker-Feldman doctrine stands for the “unremarkable proposition that a federal district court lacks subject matter jurisdiction to review a state court decision.” Pittman v. Cuyahoga County Department of Children and Family Services, 241 Fed.Appx. 285, 287 (6th Cir. 2007) (citing McCormick v. Braverman, 451 F.3d 382, 389 (6th Cir.2006)); See D.C. Ct. of App. v. Feldman, 460 U.S. 462, 476, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983); Rooker v. Fid. Trust Co., 263 U.S. 413, 416, 44 S.Ct. 149, 68 L.Ed. 362 (1923). A recent United States Supreme Court decision in Exxon Mobil Corp. v. Saudi Basic Industries Corp. clarified that the application of the Rooker-Feldman doctrine is confined to “cases brought by state-court losers complaining of injuries caused by the state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments.” Givens v. Homecomings Financial, 278 Fed.Appx. 607, 609 (6th Cir.2008) (quoting Exxon Mobil Corp., 544 U.S. at 284, 125 S.Ct. 1517). In the wake of Exxon Mobil Corp., the Sixth Circuit has “tightened the scope of Rooker-Feldman.” Pittman, 241 Fed.Appx. at 287 (citing Coles v. Granville, 448 F.3d 853, 857 (6th Cir.2006)). Rooker-Feldman only deprives a district court of jurisdiction only “when the cause of the plaintiffs complaint is the state judgment itself.” Givens v. Homecomings Financial, 278 Fed.Appx. at 609 (citing McCormick, 451 F.3d at 393). The Rooker-Feldman doctrine does not prevent a district court from exercising subject matter jurisdiction simply because a party attempts to litigate in federal court a matter previously litigated in state court, as long as the federal plaintiff presents an independent claim even if that claim denies a legal conclusion reached by the state court. Pittman, 241 Fed.Appx. at 287 (citing Exxon Mobil Corp., 544 U.S. at 284, 125 S.Ct. 1517). In McCormick, the Sixth Circuit provided guidance in differentiating between a claim that attacks a state court judgment and is therefore within the scope of Rook-er-Feldman, and an independent claim over which the district court has subject matter jurisdiction. The inquiry then is the source of the injury plaintiff alleges in the federal complaint. If the source of the injury is the state court decision, then the Rook-er-Feldman doctrine would prevent the district court from asserting jurisdiction. If there is some other source of injury, such as a third party’s actions, then the plaintiff asserts an independent claim. ____The key point is that the source of the injury must be from the state court judgment itself; a claim alleging another source of injury is an independent claim. McCormick, 451 F.3d at 393-94. A claim that the state court judgment was procured by the alleged wrongdoing of the defendant is an independent claim over which the district court may assert jurisdiction, even if those independent claims deny a legal conclusion of the state court. McCormick, 451 F.3d at 392-93 (Rooker-Feldman doctrine does not deprive district court of jurisdiction over federal plaintiffs claims against receiver and homeowners’ insurer alleging fraud in obtaining order of receivership from state court). In Todd v. Weltman, Weinberg & Reis Co., the Sixth Circuit found that the Rooker-Feldman doctrine did not deprive the district court of subject matter jurisdiction over plaintiffs federal claim that defendant filed a false affidavit in a state court garnishment proceeding. Todd, 434 F.3d at 437. In Brown v. First Nationwide Mortgage Corporation, the Sixth Circuit held that a federal plaintiffs allegations of fraud in connection with a state court proceeding does not constitute a complaint regarding the foreclosure decree itself, but concerns defendant’s actions that preceded the decree, and therefore plaintiffs claim that the foreclosure decree was procured by fraud is not barred by Rooker-Feldman. Brown, 206 Fed.Appx. at 440. In this case, the source of the injury claimed by plaintiffs is the allegedly false information provided by defendants in the underlying foreclosure proceedings to obtain judgments, not the foreclosure judgments themselves. Because plaintiffs’ alleged injuries are caused by the alleged wrongful acts of defendants in the foreclosure proceedings and not the foreclosure judgment, the Court concludes that Whittiker and Kimball assert independent claims that are not barred by Rooker-Feldman and over which the Court may assert subject matter jurisdiction. B. Younger Abstention Doctrine The Court is Not Required to Abstain from Ruling on this Case DBNTC argues in its motion to dismiss that the Court should abstain from hearing plaintiff Stepanek’s claims pursuant to the Younger doctrine because Stepanek’s foreclosure proceeding remains pending in the Cuyahoga County Court of Common Pleas. In Younger v. Harris, the United States Supreme Court held that federal-court abstention is appropriate where a plaintiff invokes federal jurisdiction as a basis for obtaining injunctive relief in state court criminal proceedings. Squire v. Coughlan, 469 F.3d 551, 555 (6th Cir.2006) (citing Younger v. Harris, 401 U.S. 37, 53-54, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971)); Borkowski v. Fremont Investment and Loan, 368 F.Supp.2d 822, 828 (N.D.Ohio 2005) (abstention mandated when federal court intervention unduly interferes with the legitimate activities of the state). The doctrine was later expanded by the Supreme Court to noncriminal judicial proceedings when important state interests are involved. Id. (citing Middlesex County Ethics Committee v. Garden State Bar Ass’n, 457 U.S. 423, 432, 102 S.Ct. 2515, 73 L.Ed.2d 116 (1982)). Three requirements must be met for Younger abstention to be appropriate: 1) there must be an ongoing state judicial proceeding; 2) the proceedings must implicate an important state interest; and 3) there must be an adequate opportunity in the state proceeding to raise constitutional challenges. Leatherworks Partnership, et al. v. Boccia, et al., 246 Fed.Appx. 311, 317 (6th Cir.2007) (citing Middlesex County Ethics Committee, 457 U.S. at 432, 102 S.Ct. 2515); see also Doscher v. Menifee Circuit Court, 75 Fed.Appx. 996, 997 (6th Cir.2003); Borkowski, 368 F.Supp.2d at 828. However, only exceptional circumstances justify a federal court’s refusal to decide a case in deference to a state court. Executive Arts Studio v. City of Grand Rapids, 391 F.3d 783, 791 (6th Cir.2005); Leatherworks Partnership, 246 Fed.Appx. at 317. In this case, Stepanek claims that defendants made false statements in the underlying foreclosure action that violates the FDCPA. However, he does not ask this Court to enjoin or otherwise interfere with the Stepanek Foreclosure Action. Were the Court to conclude that defendants’ allegedly false statements violated the FDCPA, it would be for the state court to decide what effect, if any, that violation had on the Stepanek Foreclosure Action. Further, Stepanek’s claim does not assert a constitutional violation in connection with the underlying foreclosure action. See Leatherworks Partnership, 246 Fed.Appx. at 318 (“After dismissal of the § 1983 equal protection claim, it is difficult to identify any constitutional issue that would warrant Younger abstention analysis.”). The circumstances of this case do not justify the Court’s refusal to decide this case in deference to the underlying foreclosure action. Accordingly, the Court declines to abstain from this case pursuant to the Younger doctrine. C. Res judicata, collateral estoppel and waiver Defendants argue variously that plaintiffs’ claims in this case are precluded from consideration by the Court because of res judicata, collateral estoppel or by waiver. The essence of defendants’ res judicata, collateral estoppel and waiver arguments is that plaintiffs failed to challenge DBNTC’s standing to sue in the underlying foreclosure actions and are now precluded from doing so. 1. Claim preclusion and issue preclusion Federal courts must give a state court judgment the same preclusive effect that judgment would be given under the law of the state in which the judgment was rendered. Trafalgar Corp., et al. v. Miami County Board of Commissioners, et al., 519 F.3d 285, 287 (6th Cir.2008) (citing Hamilton’s Bogarts, Inc. v. State of Michigan, 501 F.3d 644, 650 (6th Cir.2007)). Ohio state courts recognize both claim preclusion and issue preclusion. Trafalgar Corp., 519 F.3d at 287 (citing Fort Frye Teachers Ass’n, OEA/NEA v. State Employment Relations Bd., 81 Ohio St.3d 392, 395, 692 N.E.2d 140 (1998)). The legal doctrine of res judicata includes the two related concepts of claim preclusion and issue preclusion. Fort Frye Teachers Ass’n, 81 Ohio St.3d at 395, 692 N.E.2d 140 (citing Grava v. Parkman Twp., 73 Ohio St.3d 379, 381, 653 N.E.2d 226 (1995)). Res judicata is an affirmative defense and not jurisdictional. EMC Mortgage Corp. v. Jenkins, 164 Ohio App.3d 240, 841 N.E.2d 855, 860 (Ohio App. 10 Dist.2005); see also Hutcherson, 326 F.3d at 755. While defendants’ argument that plaintiffs’ action is foreclosed by the principles of res judicata may be correct, because res judicata is an affirmative defense and not jurisdictional, it is not necessary for the Court to reach that issue in this case. 2. Waiver Like res judicata, waiver is an affirmative defense. See Ohio Civ. R. Rule 8(c); Federal Rule of Civil Procedure 8(c). While defendants’ argument that plaintiffs’ action is foreclosed by waiver may be correct, because waiver is an affirmative defense and not jurisdictional, it is not necessary for the Court to reach that issue in this case. D. Rule 12(b)(6) and 12(c) Standard of Review Defendant DBNTC has moved to dismiss all plaintiffs’ claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, failure to state a claim upon which relief can be granted. Defendants WWR and Reisenfeld have moved for dismissal of plaintiff Whittiker’s and Stepanek’s claims, respectively, pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, motion for judgment on the pleadings. With respect to defendants’ motion for judgment on the pleadings, all well-pleaded material allegations of the Complaint must be taken as true and the motion will be granted only if the defendants are nevertheless clearly entitled to judgment as a matter of law. Tucker v. Middleburg-Legacy Place, 539 F.3d 545, 549 (6th Cir.2008) (citing JPMorgan Chase Bank, N.A. v. Winget, 510 F.3d 577, 581 (6th Cir.2007)); Local 219 Plumbing and Pipefitting Industry Pension Fund, et al. v. Buck Consultants, et al., 311 Fed.Appx. 827, 2009 WL 396168 (6th Cir.2009). To survive a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6), the Court must construe the Complaint in the light most favorable to the plaintiffs and accept plaintiffs’ well-pleaded allegations as true. Horattas v. Citigroup Financial Markets Inc., 532 F.Supp.2d 891, 895-96 (W.D.Mich.2007) (citing Nat’l Surety Corp. v. Hartford Cas. Ins. Co., 493 F.3d 752, 754 (6th Cir.2007); U.S. ex rel. Bledsoe v. Cmty. Health Sys., Inc., 501 F.3d 493, 501-02 (6th Cir.2007)). In a recent anti-trust conspiracy case, Bell Atlantic Corp., et al. v. Twombly, et al., 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007), the Supreme Court revised its prior statement that Rule 12(b)(6) dismissal is only proper if it appears beyond doubt that plaintiff can prove “no set of facts” in support of his claim that would entitle him to relief, and dismissed the plaintiffs complaint “because it did not contain facts sufficient to ‘state a claim for relief that is plausible on its face.’” Weisbarth v. Geauga Park District, 499 F.3d 538, 541 (6th Cir.2007) (quoting Twombly, 127 S.Ct. at 1974). The factual allegations in the complaint must be enough to raise a right to relief above the speculative level on the assumption that all the allegations in the complaint are true. Association of Cleveland Fire Fighters, et al. v. City of Cleveland, Ohio, et al., 502 F.3d 545, 548 (6th Cir.2007) (quoting Twombly, 127 S.Ct. at 1965-65). E. Consideration of Matters Outside the Pleadings — DBNTC’s Requests for Judicial Notice are Granted Rule 12(d) of the Federal Rules of Civil Procedure provides that if on a motion pursuant to Rule 12(b)(6) or Rule 12(c) matters outside the pleadings are considered, the motion must be treated as one for summary judgment under Rule 56. In ruling on a motion to dismiss or motion for judgment on the pleadings, the Court may only consider documents attached to, incorporated by, or referred to in the pleadings. Documents attached to a motion to dismiss are considered part of the pleadings if they are referred to in plaintiffs complaint and are central to the claims, and therefore may be considered without converting a Rule 12(b)(6) motion to dismiss to a Rule 56 motion. Weiner v. Klais and Company, 108 F.3d 86, 89 (6th Cir.1997). The same analysis applies to information that may be considered without converting a Rule 12(c) motion for judgment on the pleadings to one for summary judgment. See Savage v. Hatcher, 109 Fed.Appx. 759, 760 (6th Cir.2004) (citing Weiner regarding limiting a federal court’s review to the “pleadings” when considering motion for judgment on the pleadings); Kerper-Snyder v. Multi-County Juvenile Attention, 2009 WL 88048 (N.D.Ohio) (citing Weiner regarding limiting federal court’s review to “pleadings” when considering motion or judgment on the pleadings); see also Horsley v. Feldt, 304 F.3d 1125, 1133-35 (11th Cir.2002); Lindsay v. Yates, 498 F.3d 434, 437 n. 5 (6th Cir.2007) (legal standard for adjudicating a Rule 12(c) motion is the same as for a Rule 12(b)(6) motion). In addition to consideration of the pleadings, federal courts may also consider materials that are public records or otherwise appropriate for taking judicial notice without converting a Rule 12(b)(6) motion to a Rule 56 motion. New England Health Care Employees Pension Fund v. Ernst & Young, LLP, 336 F.3d 495, 501 (6th Cir.2003). The same is true with respect to Rule 12(c) motions for judgment on the pleadings. Barany-Snyder v. Weiner, 539 F.3d 327, 332 (6th Cir.2008) (public records may be taken into account when considering Rule 12(c) motion for judgment on the pleadings); Lindsay, 498 F.3d at 437 n. 5 (legal standard for adjudicating a Rule 12(c) motion is the same as for a Rule 12(b)(6) motion). The documents attached to defendants’ motions, and the subject of DBNTC’s requests for judicial notice, are both public records and central to plaintiffs’ claims that defendants violated the FDCPA because DBNTC was not the holder of plaintiffs’ mortgages when the underlying foreclosure actions were filed. The documents are public records regarding the state foreclosure actions, and documents showing DBNTC to be the trustee of the issuer or the depositor of the mortgage loans before the filing of the state foreclosure actions. DBNTC’s requests that the Court take judicial notice (ECF 76 and 92-2) of certain documents in support of its Rule 12(b)(6) motion to dismiss were not opposed by plaintiffs nor did plaintiffs object during oral argument held by the Magistrate Judge. See ECF 99, fn. 9. Plaintiffs objected to the Recommendation that DBNTC’s requests for judicial notice of certain documents be granted, but beyond merely asserting their objection, offered no argument in support. The Court conducted a de novo review regarding DBNTC’s requests for judicial notice, and concurs with the Recommendation that DBNTC’s requests that the Court take judicial notice of certain documents be granted. Accordingly, DBNTC’s requests for judicial notice (ECF 76 and 92-2) are GRANTED. F. Fair Debt Collection Practices Act, 15 U.S.C. § 1692e Section 1692e of the FDCPA generally prohibits a debt collector from using false, deceptive or misleading representation or means in connection with the collection of a debt. Plaintiffs allege that defendants violated 15 U.S.C. §§ 1692e(2), (5) and (10) in the underlying foreclosure actions by, in essence, misrepresenting DBNTC’s ownership of plaintiffs’ notes at the time the underlying foreclosure actions were filed, thus concealing the fact that it lacked capacity to bring the foreclosure actions. The sections of 15 U.S.C. § 1692e at issue provide in relevant part: § 1692e — False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (2) The false representation of— (A) the character, amount, or legal status of any debt; or ... (5) The threat to take any action that cannot legally be taken or that is not intended to be taken ... (10) The use of any false representations or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. Whether a debt collector’s actions are false, deceptive, or misleading under § 1692e is based on the objective test of whether the “least sophisticated consumer” would be misled by defendant’s actions. Barany-Snyder v. Weiner, 539 F.3d 327, 332-33 (6th Cir.2008) (citing Harvey v. Great Seneca Fin. Corp., 453 F.3d 324, 329 (6th Cir.2006)); see also Deere v. Javitch, Block and Rathbone, LLP, 413 F.Supp.2d. 886, 889 (S.D.Ohio 2006) (citing Smith v. Transworld Systems, 953 F.2d 1025, 1029 (6th Cir.1992)). Whether a statement is deceptive to the least sophisticated consumer is a question of law. See Federal Home Loan Mart. Corp. v. Lamar, 503 F.3d 504, 508 at fn. 2 (6th Cir.2007). In order to establish a claim under § 1692e: 1) plaintiffs must be a “consumer” as defined by 15 U.S.C. § 1692; 2) the “debt” must arises out of transactions which are “primarily for personal, family or household purposes” (see 15 U.S.C. § 1692a(5)); 3) defendant must be a “debt collector” as defined by 15 U.S.C. § 1692a(6); and 4) defendant must have violated § 1692e’s prohibitions. The absence of any factor is fatal to plaintiffs’ claims under § 1692e. 1. Whittiker’s and Kimball’s FDCPA claims are time barred by the statute of limitations 15 U.S.C. § 1692k(d) provides that an action pursuant to § 1692e may be brought in federal court without regard to the amount in controversy “within one year from the date on which the violation occurs.” In their motions, defendants argue that Whittiker’s and Kimball’s FDCPA claims are barred by the applicable statute of limitations. Plaintiffs do not deny that Whittiker’s and Kimball’s FDCPA claims were filed outside of § 1692k(d)’s one year statute of limitations, but argue that their claims are subject to equitable tolling because defendants’ alleged misrepresentations that DBNTC was the owner and holder of their notes were concealed by the defendants and could not be reasonably discovered by plaintiffs. The Recommendation assumed without deciding for the purpose of that analysis that the FDCPA’s one year statute of limitations was subject to equitable tolling. However, the Recommendation concluded that the application of equitable tolling to Whittiker’s and Kimball’s claims was not appropriate. The plaintiffs have objected to the Recommendation on this point, and therefore the Court will review the issue de novo. Plaintiffs Whittiker and Kimball assert that defendants concealed their FDCPA cause of action arising from defendants’ misrepresentations of DBNTC’s ownership of the note and mortgage in the underlying foreclosure actions, and that these misrepresentations equitably toll the FDCPA’s one year statute of limitations. The Sixth Circuit has not yet ruled whether the FDCPA statute of limitations is subject to equitable tolling. However, based on its analysis below, the Court concludes that plaintiffs cannot prevail on their equitable tolling argument even assuming that the FDCPA statute of limitations is subject to equitable tolling. Therefore is not necessary for the Court to decide in this case whether the FDCPA statute of limitations is subject to equitable tolling. In order to establish equitable tolling by fraudulent concealment, plaintiffs must allege and establish that: 1) defendants concealed the conduct that constitutes the cause of action; 2) defendants’ concealment prevented plaintiffs from discovering the cause of action within the limitation period; and 3) until discovery of the cause of action, plaintiffs exercised due diligence in trying to find out about the cause of action. Finney Dock & Transp. Co. v. Penn Cent. Corp., 838 F.2d 1445, 1465 (6th Cir.1988). Whittiker and Kim-ball have not alleged the elements of equitable tolling by fraudulent concealment in their complaint, and other documents properly before the Court on these Rule 12 motions provide no support for the application of equitable tolling to Whittiker’s and Kimball’s claims even when viewed in a light most favorable to the plaintiffs. Defendants’ conduct that allegedly violates the FDCPA are the allegedly false statements in the underlying foreclosure complaints that DBNTC was the owner and holder of the notes and mortgages which were the subject of the foreclosure. Whittiker and Kimball have not alleged, and the pleadings and other documents properly before the Court and viewed in favor of plaintiffs do not indicate, that these allegedly false statements were affirmatively concealed from plaintiffs by defendants, or that, despite the exercise of due diligence, defendants’ conduct prevented plaintiffs from discovering their FDCPA claims. Based on this analysis, the Court concludes that, in this case, it would not be appropriate to equitably toll the FDCPA statute of limitations even if the FDCPA statute of limitations were subject to equitable tolling. Accordingly, the Court concurs with the Recommendation and finds that Whittiker’s and Kimball’s claims are time-barred by the FDCPA statute of limitations. 2. Plaintiffs do not assert actionable FDCPA claims a. Kimball The Court has already determined that Kimball’s FDCPA claims are barred by the statute of limitations. Additionally, Kimball has failed to allege actionable FDCPA claims. The prohibitions of the FDCPA cover debts which arise out of transactions primarily for personal, family, or household purposes. See 15 U.S.C. § 1692a(5). Whittiker and Stepanek allege in the Complaint that their debt was created primarily for personal, family or household purposes. However, this allegation is conspicuously absent from Kimball’s allegations. The absence of this allegation to establish that Kimball’s debt is even covered by the prohibitions of the FDCPA § 1692e was pointed out in the defendants’ briefs and in the Recommendation, but not refuted in plaintiffs’ opposition to defendants’ motions or in plaintiffs’ objections to the Recommendation. Construing in Kimball’s favor the Complaint and documents properly before the Court on defendants’ Rule 12 motions, there is nothing to support a finding that Kimball’s debt is primarily for personal, family, or household purposes. This failure is fatal to Kimball’s FDCPA claims even if Kimball was not already time-barred by the FDCPA statute of limitations. Kafele v. Shapiro, 2006 WL 783457 at *5 (S.D.Ohio) (plaintiffs claim under the FDCPA fails as a matter of law because plaintiff made no attempt to come forward with evidence that the subject properties were for personal, family or household purposes). The Court finds that Kimball’s FDCPA claims fail as a matter of law in addition to being time-barred by the FDCPA statute of limitations, and concurs with the Recommendation. Accordingly, DBNTC’s motion to dismiss Kimball’s FDCPA claims is granted. b. DBNTC’s foreclosure complaints not deceptive to the least sophisticated consumer The “essence” of plaintiffs’ FDCPA claims is that “defendants misrepresented Deutsche Bank’s ownership of Plaintiffs’ notes and thus concealed the fact that it lacked capacity to bring the foreclosure actions.” ECF 85, p. 41 of 47. In the case of Whittiker and Kimball, the debt was assigned to DBNTC and recorded prior to the final adjudication of the state court foreclosure actions. Implicit in the state courts’ judgments in favor of DBNTC in the Whittiker and Kimball Foreclosure Actions is the determination that any standing and capacity issues that may have been present are not fatal to a state court action, but may be cured. In the case of Stepanek, the mortgage loan was assigned and recorded prior to or at the same time Stepanek Foreclosure Action was filed. In the Sixth Circuit, a false statement that is not deceptive applying the objective “least sophisticated consumer” test is not a violation of the FDCPA. See Lewis v. ACB Business Services, Inc., 135 F.3d 389, 401-02 (6th Cir.1998). Further, simple inability to prove present debt ownership at the time a collection action is filed does not constitute a FDCPA violation. Harvey v. Great Seneca Financial Corporation, 453 F.3d 324, 331-33 (6th Cir.2006). However, when a complaint for a FDCPA violation alleges that the plaintiff in the underlying collection action asserted it was the owner of the debt “all the while knowing that they did not have means of proving the debt,” that FDCPA complaint will survive a motion to dismiss for failure to state a claim. See Delawder v. Platinum Financial Services, 443 F.Supp.2d 942, 945 (S.D.Ohio 2005) (false affidavit attached to complaint “all the while knowing that they did not have means of proving the debt”). In finding no FDCPA violation based inability to establish debt ownership at the timé the collection action is filed, the Harvey court distinguished the facts before it from Delawder. Unlike the plaintiff in Delawder; the plaintiff in Harvey did not allege that the defendants in the underlying collection action attached a false document to the collection complaint or even that the debt-collection claim was false or unsubstantiated. The Harvey court further distinguished the facts before it from cases in other circuits where misrepresentations of the legal character of the debt owed constituted a false, misleading, or deceptive practice to the unsophisticated consumer under the' FDCPA. Harvey v. Great Seneca Financial Corporation, 453 F.3d at 332-33 (citing Freyermuth v. Credit Bureau Services, Inc., 248 F.3d 767, 771 (8th Cir.2001) (filing of lawsuit to collect a debt that is barred by the statute of limitations is false, misleading and deceptive); Goins v. JBC & Assoc., 352 F.Supp.2d 262, 272 (D.Conn.2005) (letters threatening suit on time-barred debt is a misleading representation); Shorty v. Capital One Bank, 90 F.Supp.2d 1330, 1331 (D.N.M.2000) (filing of a time-barred claim is a deceptive practice because the debt cannot be pursued in court); Kimber v. Fed. Fin. Corp., 668 F.Supp. 1480, 1489 (M.D.Ala.1987) (letters threatening to sue on time-barred claim is misleading because debt collector cannot legally prevail in such a lawsuit)); see also, Foster, 463 F.Supp.2d at 801-03 (§ 1692e violated when collection action commenced even though plaintiff was prohibited from commencing or maintaining civil action in any Ohio court under a fictitious name without complying with registration and recording requirements with the Secretary of State pursuant to Ohio Rev.Code §§ 1329.06 and 1329.10; § 1692e violated when collection action brought against spouse who did not have legal obligation to pay); Williams v. Javitch, Block & Rathbone, LLP, 480 F.Supp.2d 1016 (S.D.Ohio 2007) (knowledge that information in affidavit is false as to specifics of debt is more than lack of paper trail); Gionis v. Javitch, Block & Rathbone, LLP, 238 Fed.Appx. 24, 28-30 (6th Cir.2007) (threat to take action that cannot be legally taken in Ohio (collect attorney fees) violates § 1692e). In this case, plaintiffs do not claim that DBNTC filed the underlying foreclosure actions all the while knowing that it did not have the means to prove ownership of the debts. In fact, based on documents properly before the Court, DBNTC, as trustee, was the holder of the mortgages and accompanying notes of each of the plaintiffs at the time the state foreclosure actions were filed, and the state courts rendered judgments in favor of DBNTC in the Whittiker and Kimball Foreclosure Actions based on DBNTC’s ownership of those debts. Further, plaintiffs do not claim that the existence or amounts of the debts are false, that DBNTC could not prove the debts, that they have no legal obligation to pay the debts, that the underlying foreclosure actions are time-barred, or some other circumstance under which DBNTC filed suit when it could not legally prevail in the underlying foreclosure actions. In fact, DBNTC did legally prevail in the Whittiker and Kimball Foreclosure Actions. The Stepanek Foreclosure Action was not concluded when the Complaint was filed. The Court finds the analysis of Harvey and Lewis to be persuasive in this case. The fact that DBNTC may have filed the state court foreclosure actions before assignment of the debt was completed is not deceptive or misleading to the least sophisticated debtor as to DBNTC’s ability to prove ownership of the debts, the existence or amount of the debts, the plaintiffs’ obligations to pay the debts, or the ability of DBNTC to legally prevail in the foreclosure actions. The filing of a foreclosure action by a plaintiff in the process of obtaining an assignment not yet fully documented is not a deceptive, misleading, or abusive tactic and does not violate the FDCPA. See Harvey, 453 F.3d at 330-331; Shivone, 2008 WL 3154702 at *l(“The Court is not convinced that filing a complaint in a mortgage foreclosure on behalf of a lender in the process of obtaining an assignment not fully documented constitutes a violation of the Fair Debt Collection Practices Act.” (citing Harvey, 453 F.3d at 329-333)). The Court finds that plaintiffs’ FDCPA claims fail as a matter of law because even if DBNTC’s assertion in the underlying foreclosure actions that it was the owner and holder of the notes and mortgages is false, the Court finds that it is not deceptive, misleading or abusive, and concurs with the Recommendation. Accordingly, defendants’ motions as to plaintiffs’ FDCPA claims (Count 1) are granted. G. The Ohio “Negotiation” Statute, Ohio Rev.Code § 1303.21 The primary focus of plaintiffs’ objections to the Recommendation is that it did not consider the Ohio “negotiation” statute. According to plaintiffs, defendants’ failure to satisfy the requirements of Ohio Rev.Code § 1303.21 means that DBNTC’s representation in the underlying foreclosure complaints that it is the “holder” of plaintiffs’ notes is false, and therefore violates § 1692e of the FDCPA. As discussed in the previous section, the documents properly before the Court establish that DBNTC, as trustee, was the holder of the notes and mortgages. In the case of Stepanek, the mortgage was assigned when the Stepanek Foreclosure Action was filed. However, also for the reasons discussed in the previous section, even if defendants’ alleged failure to comply with the requirements of Ohio Rev.Code § 1303.21 rendered DBNTC’s statements in the underlying foreclosure actions false, the Court finds that the least sophisticated consumer would not be deceived regarding the debt, DBNTC’s ability to prove ownership of the debt, or DBNTC’s ability to legally prevail in the underlying state foreclosure actions. Accordingly, the alleged non-compliance with Ohio Rev.Code § 1303.21, even if true, does not result in an actionable claim under § 1692e of the FDCPA. H. The Court Declines to Exercise Jurisdiction Over State Law Claims 28 U.S.C. § 1367 provides for the exercise of supplemental jurisdiction by district courts over state law claims. Pursuant to the statute, a district court may decline supplemental jurisdiction over a state law claim when the district court has dismissed all claims over which the district court had original jurisdiction. 28 U.S.C. § 1367(c)(3). The Court has broad discretion in deciding whether to exercise supplemental jurisdiction over state law claims. Musson Theatrical, Inc. v. Federal Express Corp., 89 F.3d 1244, 1254 (6th Cir.1996). The usual course is for the district court to dismiss the state law claims if all federal claims are disposed of prior to trial. See Musson Theatrical, 89 F.3d at 1254 (quoting United Mine Workers v. Gibbs, 383 U.S. 715, 726, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966)); Brandenburg v. Housing Authority of Irvine, 253 F.3d 891, 900 (6th Cir.2001) (quoting Gibbs, 383 U.S. at 726, 86 S.Ct. 1130). In this case, plaintiffs’ FDCPA claims (Count 1) were their only federal claims. Plaintiffs’ only remaining claims, Counts 2 and 3, are state law claims. There are no exceptional circumstances in this case that would justify the Court exercising its discretion to retain jurisdiction over the two remaining state law claims. After conducting a de novo review, the Court concurs with the Recommendation and declines to exercise supplemental jurisdiction over Counts 2 and 3 of the Complaint. Accordingly, Counts 2 and 3 of the Complaint are dismissed without prejudice. IV. Conclusion For the reasons discussed herein after a de novo review, and for the reasons contained in the Recommendation, the Court rules as follows: 1) Defendant MDK’s motion for judgment on the pleadings (ECF 70) is denied without prejudice as moot; 2) Defendant Reisenfeld’s motion for judgment on the pleadings (ECF 72) is granted as to Count 1. The Court declines to exercise jurisdiction as to plaintiffs’ remaining state claims (Counts 2 and 3), and dismisses those claims without prejudice. Consequently, Reisenfeld’s motion judgment on the pleadings as to Counts 2 and 3 is denied -without prejudice as moot; 3) Defendant WWR’s motion for judgment on the pleadings (ECF 74) is granted as to Count 1. The Court declines to exercise jurisdiction as to plaintiffs’ remaining state claims (Counts 2 and 3), and dismisses those claims without prejudice. Consequently, WWR’s motion for judgment on the pleadings as to Counts 2 and 3 is denied without prejudice as moot; 4) Defendant DBNTC’s motion to dismiss (ECF 75) is granted as to Count 1. The Court declines to exercise jurisdiction as to plaintiffs’ remaining state claims (Counts 2 and 3), and dismisses those claims without prejudice. Consequently, DBNTC’s motion to dismiss as to Counts 2 and 3 is denied without prejudice as moot; and 5)DBNTC’s requests that the Court to take judicial notice of certain documents in support of DBNTC’s motion to dismiss, ECF 76 and 92-2, are granted. Also pending before the Court is plaintiffs’ motion for class certification (ECF 54). Because the Court has granted the defendants’ dispositive motions as to plaintiffs’ federal claims, and declined to exercise jurisdiction over plaintiffs’ two state law claims, plaintiffs’ motion for class certification (ECF 54) is moot, and therefore denied as such without prejudice. IT IS SO ORDERED. REPORT AND RECOMMENDATION BENITA Y. PEARSON, United States Magistrate Judge. The matter is before this Court pursuant to a referral order from District Court Judge Dowd under 28 U.S.C. § 636(b)(1) and Local Rule 72. 1, seeking a report and recommendation on outstanding dispositive motions and a request for judicial notice. (Referral Order, ECF No. 93 ). I. Introduction Count One of the First Amended Complaint alleges that the defendants violated a federal statute, the Fair Debt Collection Practices Act (“FDCPA”), Title 15, United States Code, Section 1692 et seq., by filing three separate state court foreclosure complaints that “falsely represented that the [mortgage] debts were owed to Deutsche Bank National Trust Company (“DBNTC”), when in fact they were not.” (Plaintiffs’ Opposition, ECF No. 85 at 26.) Count Two alleges violations of Ohio’s Corrupt Practices Act (“Ohio RICO”), pursuant to Ohio Revised Code § 2923.32 and Count Three seeks Appointment of Receiver, pursuant to Ohio Revised Code § 2923.32. Counts Two and Three are state-law causes of action and arise from the same circumstances causing Count One. The defendants moved to dismiss each count of the First Amended Complaint. For the reasons set forth in detail below, the Magistrate Judge recommends that the motions to dismiss be granted as to Count One, the sole federal cause of action, and that the Court decline to maintain jurisdiction over the remaining state law causes of action, Counts Two and Three. This report, therefore, focuses on the only federal claim, Count One. 1. The Parties: Plaintiffs are individuals against whom foreclosure actions have been filed in the Court of Common Pleas for Cuyahoga County, Ohio (“state court”). The matters regarding the Whittikers (Jerry and Frances) and Valeria Kimball have been fully adjudicated in state court with foreclosure having been granted to DBNTC. The matter regarding James Stepanek is still pending in state court. The First Amended Complaint explicitly alleges that the mortgage debts for the Whittikers and Stepanek were “created primarily for personal, family or household purposes.” (First Amended Complaint, ECF No. 57 at ¶¶ 19 and 31.) The First Amended Complaint is silent on this matter as to Plaintiff Valeria Kimball. Plaintiffs allege that each defendant is a “debt collector” as defined in section 1692e of Title 15, United States Code. The defendants are DBNTC, a national banking association, and three law firms hired by DBNTC to file and prosecute the foreclosure actions on behalf of DBNTC in state court. Paragraphs 2 and 12 through 14 of the First Amended Complaint describe DBNTC as a “trustee” (albeit one Plaintiffs’ claim is not fully in compliance with Ohio’s law governing trustees). (See DBNTC’s Memo, in Support of Mot. To Dismiss, ECF No. 75-2 at 11, including Note 7.) (“DBNTC, as a trustee, is not a debt collector as defined in the FDCPA.”) Weltman, Weinberg & Reis Co. (‘WWR”), a law firm, prosecuted the foreclosure action on the mortgage of the Whittikers on behalf of its client, DBNTC. At the conclusion of that action, the Cuyahoga Court of Common Pleas issued a judgment entry in favor of DBNTC. (See WWR Answer to First Amended Complaint, ECF No. 69, Ex. G.) Manley Deas Kochalski, LLC (“MDK”), also a law firm, prosecuted the foreclosure of Valeria Kimball’s mortgage on behalf of its client, DBNTC. At the conclusion of that action, the Cuyahoga Court of Common Pleas also issued a judgment entry in* favor of DBNTC. (See DBNTC Request for Judicial Notice, ECF No. 76, Exhibit 1) Reisenfeld & Associates (“Reisenfeld”), the third law firm acting on behalf of DBNTC in this matter, initiated the foreclosure of the mortgage of James Stepanek on behalf of its client, DBNTC. 2. Procedural History On February 7, 2008, Plaintiffs Jerry and Frances Whittiker along with Valeria Kimball initiated this matter and subsequently, sought class certification. (Complaint, ECF No. 1; Motion for Class Certification, ECF No. 5b.) On May 16, 2008, Plaintiffs filed the First Amended Complaint and added an additional plaintiff, James K. Stepanek. Each of the four defendants in the instant matter filed motions to dismiss the First Amended Complaint in its entirety. Defendants MDK, Reisenfeld and WWR filed for dismissal pursuant to Rule 12(c), after answering the First Amended Complaint. (See ECF Nos. 70, 72, 7b) DBNTC filed for dismissal pursuant to Rule 12(b)(6) and Requests for the Court to Take Judicial Notice [of certain documents]. (See ECF Nos. 75, 76, 92-1, 92-2, 92-3, 92~b, 92-5) Plaintiffs filed an omnibus response, (ECF No. 85), after being granted leave for limited discovery. (Discovery Order, ECF No. 82.) Each defendant filed a reply. (ECF Nos. 89, 90, 91 and 92.) Plaintiffs filed a sur-reply and Defendant DBNTC replied to Plaintiffs’ Sur-Reply. DBNTC, like each of the three law firm defendants, filed motions arguing several reasons why the entire First Amended Complaint should be dismissed for failure to state a claim upon which relief could be granted. Chief among the collective reasons for dismissing Count One is that DBNTC, as trustee for the issuers of the debt, was indeed the owner and holder of the mortgage note for each of the plaintiffs’ at the time of filing in state court, although the mortgages had not yet been assigned or recorded. (DBNTC Request for Judicial Notice, ECF Nos. 76-3; 76-b; 76-5) The Whittiker and Kimball notes were assigned and recorded, however, pri- or to the final adjudication of the state foreclosure procedures. (DBNTC Request for Judicial Notice, ECF Nos. 76-2; 76-3; 76-b; 76-5; WWR Answer to First Amended Complaint, ECF No. 69, Ex. G.) The Stepanek mortgage was assigned pri- or to the foreclosure filing and recorded on the same date as filing. (See ECF No. 73 at 2; DBNTC Request for Judicial Notice, ECF No. 76-5.) The other reasons offered for dismissal include res judicata, filing beyond the one-year statute of limitations and preclusion by the Rooker-Feldman and Younger Doctrines. MDK’s motion for judgment on the pleadings also urges the Court to dismiss Count One relative to Ms. Kimball for failing to allege that Kimball’s mortgage debt was incurred for personal use. That threshold issue is addressed below along with the statute of limitations argument. On December 2, 2008 this Court held oral argument. Consequently, in rendering this recommendation the Court has the benefit of the parties additional views on this matter. 3. Basis for Jurisdiction The FDCPA specifically provides district courts jurisdiction over claims made pursuant to the Act “regardless of the amount in controversy,” if the claim is brought “within one year from the date on which the violation occurs.” See 15 U.S.C. § 1692k(d). Additionally, the Court has federal question jurisdiction under 28 U.S.C. § 1331, and supplemental jurisdiction over Plaintiffs’ state law claims under 28 U.S.C. § 1367. In considering state law claims pursuant to supplemental jurisdiction, this Court must follow Ohio law. See Super Sulky, Inc. v. U.S. Trotting Ass’n, 174 F.3d 733, 741 (6th Cir.1999). II. Legal Standard 1. Motions to Dismiss, Generally Federal Rule of Civil Procedure 12(c) is analyzed using the same standard of review employed for a motion to dismiss under Rule 12(b)(6). Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291, 295 (6th Cir.2008) (likening the standard for a Rule 12(b)(6) standard to that of a Rule 12(c) motion); Tucker v. Middleburg-Legacy Place, LLC, 539 F.3d 545 (6th Cir.2008). “For purposes of a motion for judgment on the pleadings, all well-pleaded material allegations of the pleadings of the opposing party must be taken as true, and the motion may be granted only if the moving party is nevertheless clearly entitled to judgment.” JPMorgan Chase Bank, N.A. v. Winget, 510 F.3d 577, 581 (6th Cir.2007) (internal citation and quotation marks omitted); see also Erickson v. Pardus, 551 U.S. 89, 127 S.Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007).) But, we “need not accept as true [,] legal conclusions or unwarranted factual inferences.” Id. at 581-82 (internal citation and quotation marks omitted). A motion brought pursuant to Rule 12(c) is appropriately granted “when no material issue of fact exists and the party making the motion is entitled to judgment as a matter of law.” JPMorgan, 510 F.3d at 582 (internal citation and quotation marks omitted). Dismissal for failure to state a claim upon which relief may be granted does not require appearance, beyond a doubt, that plaintiff can prove no set of facts in support of claim that would entitle him to relief. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 1959, 167 L.Ed.2d 929 (2007) (abrogating passage originating in Conley v. Gibson, 855 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957), as “an incomplete, negative gloss on an accepted pleading standard”). 2. Consideration of Matters Outside of the Pleadings In ruling on a motion to dismiss, the Court must ordinarily look no further than the four corners of the complaint. However, if documents are attached to, incorporated by, or specifically referred to in the complaint, they are considered part of the complaint and the Court may consider them. The Sixth Circuit has held that “[d]ocuments that a defendant attaches to a motion to dismiss are considered part of the pleadings if they are referred to in the plaintiffs complaint and are central to [plaintiffs] claim.” See Weiner v. Klais and Co., Inc., 108 F.3d 86, 89 (6th Cir.1997) (citations omitted). Federal Rule of Civil Procedure 10(2c) provides that “[a] copy of a written instrument that is an exhibit to a pleading is a part of the pleading for all purposes.” Sensations, 526 F.3d at 296 (“finding that a document attached to a complaint is incorporated into pleadings via Rule 10(c) ...”) Rule 7(a) defines “pleadings” to include both the complaint and the answer. “It would seem to follow that if an attachment to an answer is a ‘written instrument,’ it is part of the pleadings and can be considered on a Rule 12(c)motion for judgment on the pleadings without the motion being converted to one for summary judgment.” Horsley v. Feldt, 304 F.3d 1125, 1133-35 (11th Cir.2002) (“The conversion provision applicable to Rule 12(b)(6) motions is identical to the one applicable to Rule 12(c) motions, and they serve the identical purpose of preventing the circumvention of the Rule 56 notice and opportunity to be heard provisions when extraneous materials are considered.”); see also Weiner, 108 F.3d at 89 (applying rule to motion to dismiss under Rule 12(b)(6)). In addition, the Court may also consider matters outside the complaint of which it would be proper to take judicial notice. New England Health Care Employees Pension Fund v. Ernst & Young, LLP, 336 F.3d 495, 501 (6th Cir.2003); Jackson v. City of Columbus, 194 F.3d 737, 745 (6th Cir.1999). A defendant may introduce certain pertinent documents if the plaintiff chooses not to do so. See Pension Benefit Guar. Corp. v. White Consol. Indus., Inc., 998 F.2d 1192, 1196 (3d Cir.1993); Cortec Indus., Inc. v. Sum Holding, L.P., 949 F.2d 42, 48 (2d Cir.1991); Romani v. Shearson Lehman Hutton, 929 F.2d 875, 879 n. 3 (1st Cir.1991); see also supra, 5 WRIGHT & MILLER, § 1327, at 762-63. Otherwise, a plaintiff with a legally deficient claim could survive a motion to dismiss simply by failing to attach a dispositive document upon which it relied. See White Consol. Indus., 998 F.2d at 1196. Hence, the Seventh Circuit has held that “[documents that a defendant attaches to a motion to dismiss are considered part of the pleadings if they are referred to in the plaintiffs complaint and are central to her claim.” Venture Assocs. Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993). In the instant matter, Defendant DBNTC has requested that the Court take judicial notice of certain public records including excerpts from the documents showing DBNTC to be trustee of the issuer (re: the Whittikers) or the depositor (re: Kimball and Stepanek) of the mortgage loans of Plaintiffs Whittiker, Kimball and Stepanek prior to the filing of the state foreclosure actions. (See ECF Nos. 76, 92-2, 92-3, 92-1, 92-5.) Additionally, the law firm defendants attached certain public records regarding the state foreclosure action against the Whittikers as exhibits to certain of their answers to the First Amended Complaint and dispositive motions. (See e.g. ECF Nos. 69-2, 69-3, 69-1, 69-5, 69-6, 69-7, 69-8, 69-9.) The Plaintiffs have not objected to these documents nor challenged their authenticity. The proffered documents are all admissible as public records. See New England Health Care Employees Pension Fund, 336 F.3d at 501 (courts may consider materials beyond the complaint “if such materials are public records or are otherwise appropriate for the taking of judicial notice.”); see also F.R.E. 201 (“A court shall take judicial notice if requested by a party and supplied with the necessary information.”). Because these documents are central to the Plaintiffs’ allegation that DBNTC falsely represented itself as the owner and holder of the Plaintiffs’ mortgages, this Court takes judicial notice of them. See also F.R.E. 201 (“A court shall take judicial notice if requested by a party and supplied with the necessary information.”). III. Law and Analysis 1. Purpose of the FDCPA Congress enacted the FDCPA “to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent state action to protect consumers against debt collection abuses.” 15 U.S.C. § 1692e; accord Montgomery v. Huntington Bank, 346 F.3d 693, 698 (6th Cir.2003); Lewis v. ACB Bus. Servs., Inc., 135 F.3d 389, 398 (6th Cir.1998). Congress intended the Act to eliminate unfair debt-collection practices, such as late night telephone calls, false representations, and embarrassing communications. Lewis, 135 F.3d at 398. The Senate Report justified the need for legislation by stating: Collection abuse takes many forms, including obscene or profane language, threats of violence, telephone calls at unreasonable hours, misrepresentation of a consumer’s legal rights, disclosing a consumer’s personal affairs to friends, neighbors, or an employer, obtaining information about a consumer through false pretense, impersonating public officials and attorneys, and simulating legal process. Sen. Rep. No. 382, 95th Cong., 1st Sess. 2 (1977), reprinted in 1977 U.S.C.C.A.N. 1695,1696. Id. The FDCPA prohibits the use of “any false, deceptive, or misleading representation or means in connection with the collection of any debt.” 15 U.S.C. § 1692e. This broad prohibition is typically referred to as the FDCPA’s “general ban.” In addition to this general ban, section 1692e is divided into sixteen subsections that provide a non-exhaustive list of prohibited practices. Plaintiffs’ First Amended Complaint alleges violation of Section 1692e’s general prohibition and sections 1692e(2), (5) and (10). Section 1692e states the following, in pertinent part: A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (2) The false representation of (A) the character, amount, or legal status of any debt; or ... (5) The threat to take any action that cannot legally be taken or that is not intended to be taken ... (10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. In determining whether a debt collector’s practice is deceptive within the meaning of § 1692e of the FDCPA, the courts routinely apply an objective test based on the understanding of the “least sophisticated consumer.” See e.g. Lewis, 135 F.3d at 398 (finding “[t]he use of an assigned alias or office name, even when considered from the standpoint of the least sophisticated debtor, does not misrepresent the amount of a debt, the consequences of its nonpayment, nor the rights of the contacted debtor.”); Smith v. Transworld Sys., Inc., 953 F.2d 1025, 1029 (6th Cir.1992) (holding that the contents of a collection letter were not misleading, even under the “least sophisticated consumer” standard). 2. The General Failure of FDCPA claim Count One alleg