Brown v. Midland Credit Management
| Ginger Brown |
| Midland Credit Management |
| 1:2024cv01184 |
| February 15, 2024 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Robert M Levy |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE by Midland Credit Management (Briganti, Dana) |
| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by Ginger Brown (Elo, Elliot) |
| Filing 6 NOTICE of Appearance by Dana Brett Briganti on behalf of Midland Credit Management (aty to be noticed) (Briganti, Dana) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Midland Credit Management. Midland Credit Management waiver sent on 2/20/2024, answer due 4/22/2024. (Briganti, Dana) |
ORDER TO SHOW CAUSE: Plaintiff brings this action under the Fair Debt Collection Practices Act ("FDCPA"). Plaintiff alleges that Defendant sent a letter to her home address regarding a debt that was due despite Plaintiff indicating to Defendant that "the only convenient way to contact her was via electronic mail." (Dkt. 1, paras. 24, 26.) As a result of receiving a notice from Defendant via regular mail, Plaintiff alleges that she suffered "actual damages" due to an "invasion of privacy, intrusion upon seclusion, personal embarrassment, loss of productive time, emotional distress, frustration, anger, [and] humiliation." (Id. para. 28.) Before 2021, the Second Circuit explained that "an alleged violation of [the FDCPA] satisfies the injury-in-fact requirement of Article III." Cohen v. Rosicki, Rosicki & Assocs., P.C., 897 F.3d 75, 81-82 (2d Cir. 2018). In 2021, however, the Supreme Court decided TransUnion LLC v. Ramirez, clarifying that, even where a defendant violates a statute such as the FDCPA, the plaintiff has not necessarily suffered an injury-in-fact sufficient to establish Article III standing. 141 S. Ct. 2190, 2205 (2021) ("[A]n important difference exists between (i) a plaintiff's statutory cause of action to sue a defendant over the defendant's violation of federal law, and (ii) a plaintiff's suffering concrete harm because of the defendant's violation of federal law."). Since TransUnion, courts in this Circuit, including this one, have applied that principle to the types of facts alleged here and found that plaintiffs had not suffered injuries-in-fact and thus did not have standing to sue in federal court. See, e.g., Nojovits v. Ceteris Portfolio Servs., LLC, No. 22-CV-2833 (PKC) (CLP), 2022 WL 2047179, at *2 (E.D.N.Y. June 7, 2022) (finding no standing where plaintiff alleged "fear, anxiety, stress, increased heartrate, and difficulty with sleep" from receiving a debt collection letter); Kola v. Forster & Garbus LLP, No. 19-CV-10496 (CS), 2021 WL 4135153, at *1, 7 (S.D.N.Y. Sept. 10, 2021) (explaining that merely receiving a misleading or confusing letter under the FDCPA does not establish an injury-in-fact). Such cases may, however, be brought in state courts, which have jurisdiction to enforce the FDCPA and are not bound by the injury-in-fact requirement of Article III of the Constitution. See Cavazzini v. MRS Assocs., 574 F. Supp. 3d 134, 145 (E.D.N.Y. 2021); Ciccone v. Cavalry Portfolio, No. 21-CV-2428 (JS) (JMW), 2021 WL 5591725, at *3 (E.D.N.Y. Nov. 29, 2021). In light of the Supreme Court's decision in TransUnion, the Court directs Plaintiff to file a letter showing cause why this case should not be dismissed for lack of standing on or before 3/1/2024. Should Plaintiff file a letter, Defendant shall file a response on or before 3/8/2024. Ordered by Judge Pamela K. Chen on 2/16/2024. (KW)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (SDM) |
| Filing 2 Summons Issued as to Midland Credit Management. (SDM) |
| Filing 1 COMPLAINT Ginger Brown against Midland Credit Management filing fee $ 405, receipt number ANYEDC-17573748 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Ginger Brown. (Attachments: #1 Proposed Summons Summons, #2 Civil Cover Sheet civil cover sheet) (Elo, Elliot) |
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| Plaintiff: Ginger Brown | |
| Represented By: | Elliot Elo |
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| Defendant: Midland Credit Management | |
| Represented By: | Dana Brett Briganti |
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