Britton v. Sunrise Credit Services, Inc.
| Kadeshia Britton |
| Sunrise Credit Services, Inc. |
| 2:2024cv03492 |
| May 13, 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 |
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| 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 (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
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 her SMS messages that caused her damages "in the form of anxiety, decreased ability to focus on tasks while at work, frustration, among other negative emotions, as well as suffering from unjustified abusive intrusion upon seclusion." See ECF No. #1 8-15.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). 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).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 May 21, 2024. Ordered by Judge Hector Gonzalez on 5/14/2024. (PN)
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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. (LJ) |
| Filing 1 COMPLAINT Kadeshia Britton against Sunrise Credit Services, Inc. filing fee $ 405, receipt number ANYEDC-17868294 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Kadeshia Britton. (Attachments: #1 Proposed Summons Summons, #2 Civil Cover Sheet civil cover sheet) (Elo, Elliot) Modified on 5/14/2024 (LJ). |
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| Plaintiff: Kadeshia Britton | |
| Represented By: | Elliot Elo |
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| Defendant: Sunrise Credit Services, Inc. | |
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