Lopez v. Midland Credit Management, Inc.
| Margo Lopez |
| Midland Credit Management, Inc. |
| 1:2024cv05716 |
| August 15, 2024 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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| Filing 6 NOTICE of Voluntary Dismissal by Margo Lopez (Elo, Elliot) |
ORDER DISMISSING CASE pursuant to Plaintiff's Notice of Voluntary Dismissal. See ECF No. #6 . Ordered by Judge Hector Gonzalez on 8/28/2024. (ICP)
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| Filing 5 RESPONSE TO ORDER TO SHOW CAUSE by Margo Lopez (Elo, Elliot) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 3 Summons Issued as to Midland Credit Management, Inc.. (CV) |
| Filing 2 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 (CV) |
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ORDER TO SHOW CAUSE: Plaintiff brings this action against Defendant alleging violations of the Fair Debt Collection Practices Act ("FDCPA"). Plaintiff alleges that Defendants sent him letters that caused him to feel "anger," "anxiety," "frustration," and other unspecified "negative emotions," and to suffer "intrusion upon seclusion, invasion of privacy, [and] decreased ability to focus on task while at work." See ECF No. 1 Paragraph 13 .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. 594 U.S. 413, 426-27 (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 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, 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, 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); Mohammadb v. Natl Enter. Sys., Inc., No. 21-cv-5606, 2023 WL 6385765, at *2 (E.D.N.Y. Sept. 29, 2023) (collecting cases). 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, 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 August 23, 2024. Ordered by Judge Hector Gonzalez on 8/16/2024. (ICP)
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| Case Assigned to Judge Hector Gonzalez. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CV) |
| Filing 1 COMPLAINT Lopez against Midland Credit Management, Inc. filing fee $ 405, receipt number ANYEDC-18182336 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Margo Lopez. (Attachments: #1 Proposed Summons Summons, #2 Civil Cover Sheet Civil Cover Sheet) (Elo, Elliot) |
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| Defendant: Midland Credit Management, Inc. | |
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| Plaintiff: Margo Lopez | |
| Represented By: | Elliot Elo |
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