Professional Documents
Culture Documents
No. 15-1554
and
on
Plaintiffs - Appellants,
v.
SCA CREDIT SERVICES, INC.,
Defendant - Appellee.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley.
Irene C. Berger,
District Judge. (5:14-cv-29565)
Submitted:
Decided:
PER CURIAM:
Robert Hill and Mary Hill appeal from the district courts
order granting Defendants Fed. R. Civ. P. 12(b)(6) motion and
dismissing their amended class action complaint for failure to
state a claim, confining their appeal to the district courts
dismissal
of
their
claims
alleging
violations
of
the
West
Ann.
46A-1-101
to
46A-8-102
(LexisNexis
2015).
We affirm.
We review a district courts dismissal under Rule 12(b)(6)
for
failure
to
state
claim
de
novo,
assuming
all
2011).
survive
To
motion
to
dismiss
pursuant
to
Rule
their
plausible.
claims
across
the
line
from
conceivable
to
are
not
entitled
to
the
assumption
the
plaintiffs
draw
2
from
the
of
truth.
only
to
the
687
we
F.3d
may
at
180.
consider
Additionally,
documents
attached
like
to
the
the
district
complaint.
exhibit
prevails.
Fayetteville
Invrs
v.
Commercial
conclude
after
review
of
the
amended
class
action
The
Hills
did
not
articulate
facts
that,
when
WVCCPA.
See
W.
Va.
Code
Ann.
Servs.,
Inc.,
No.
5:14-cv-29565
(S.D.W.
Hill v. SCA
Va.
Apr.
22,
2015).
We dispense with oral argument because the facts and legal
contentions
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
AFFIRMED
3