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Islam v. Credit Control, LLC

United States District Court, E.D. New York

June 27, 2017

FATEMA ISLAM, Individually and on behalf of a class, Plaintiff,
v.
CREDIT CONTROL, LLC, d/b/a CREDIT CONTROL & COLLECTION, LLC, Defendant.

          MEMORANDUM AND ORDER

          I. LEO GLASSER, Senior United States District Judge.

         Plaintiff Fatema Islam commenced this action against the Defendant, Credit Control, LLC (“Credit Control”), seeking damages and declaratory relief for Defendant's alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. Pending before the Court is Credit Control's motion to dismiss pursuant to Fed.R.Civ.P. § 12(b)(6), which Plaintiff opposes. For the reasons set forth herein, Defendant's motion is GRANTED.

         BACKGROUND

         Defendant is in the business of collecting debts owed to others. ECF 1, Complaint (“Compl.”), at ¶ 5. Plaintiff is a resident of New York who incurred a debt of $14, 413.78 “for personal, financial or household use and not for business purposes.” Id. at ¶¶ 4, 8. On or about February 8, 2016, Credit Control mailed a debt collection letter to the Plaintiff seeking to recover the unpaid financial obligation. Id. at ¶ 7; ECF 1-3. The letter is from Credit Control and includes the statute-prescribed “validation notice.” It reads, in relevant part:

Original Creditor: Bank of America, N.A.
Current Creditor: Bank of America, N.A.
. . .
RE: Your account with our client
Bank of America, N.A.
ORIGINAL CREDITOR: Bank of America, N.A. . . .
Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this debt or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.

ECF 1-3 (emphasis added).

         LEGAL STANDARD

         In deciding a Rule 12(b)(6) motion to dismiss, and accepting the facts pleaded as true, Plaintiffs must state a claim that is plausible on its face from which the Court can draw the reasonable inference that the claim has merit. “Threadbare recitals of the elements of a cause of action, supported by mere conclusory ...


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