United States District Court, E.D. New York
FATEMA ISLAM, Individually and on behalf of a class, Plaintiff,
CREDIT CONTROL, LLC, d/b/a CREDIT CONTROL & COLLECTION, LLC, Defendant.
MEMORANDUM AND ORDER
GLASSER, Senior United States District Judge.
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.
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
ECF 1-3 (emphasis added).
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 ...