United States District Court, E.D. New York
EDELMAN, COMBS LATTURNER & GOODWIN, LLC, Cathleen M. Combs, Esq., Tiffany N. Hardy, Esq., Chicago, IL, KLEINMAN, LLC, Abraham Kleinman, Esq., Uniondale, NY, Attorney for Plaintiffs.
FISHER & PHILLIPS LLP, Jason Alex Storipan, Esq., Regina A. Petty, Esq., Murray Hill, NJ. Attorney for Defendant.
MEMORANDUM AND ORDER
DENIS R. HURLEY, District Judge.
Plaintiffs Salvatore Campo and Altagracia Diaz (collectively "plaintiffs") each commenced actions against National Creditors Connection, Inc. ("NCCI" or "defendant") asserting that NCCI violated 15 U.S.C § 1692, the Fair Debt Collection Practices Act ("FDCPA"). Presently, defendant seeks to consolidate plaintiffs' respective actions, Campo v. National Creditors Connection, Inc., 12-cv-1405 (" Campo ") and Diaz v. National Creditors Connection, Inc., 13-cv-3567 (" Diaz ") pursuant to Federal Rule of Civil Procedure ("Rule") 42. For the reasons set forth below, defendant's motion is granted.
The Campo Complaint
Campo alleges that defendant has been attempting to collect a residential mortgage loan from plaintiff on behalf of its client Seterus. In August 2011, defendant delivered to plaintiff a letter notifying plaintiff that Seterus "is the servicer of" the loan in question and that Seterus "utilizes [defendant] to facilitate customer contact." The letter "urge[d] [plaintiff] to call Seterus" regarding the loan.
Plaintiff alleges that this letter violated 15 U.S.C. § 1692g which states as follows:
Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing-
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed....
Campo claims that defendant violated this provision because it did not provide to plaintiff the name of the creditor or the amount of the debt in the August 2011 letter or within five days after that letter. Additionally, Campo brings the action on behalf of a class consisting of "(a) all natural persons with a New York address (b) that defendant contacted with a request for information or communications (c) on or after a date one year prior to filing this action [(March 22, 2011)] and (d) on or before a date 20 days after the filing of this action [(April 11, 2012)] (e) to whom defendant did not provide the disclosures described in 15 U.S.C. § 1692g."
The Diaz Complaint
Diaz alleges that defendant has been attempting to collect a residential mortgage loan from plaintiff on behalf of its client Residential Credit Solutions. In July 2012, defendant delivered to plaintiff a letter notifying plaintiff that "[i]t is imperative that [she] ...