Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Gil v. Allied Interstate, LLC

United States District Court, E.D. New York

November 3, 2017

SALLY GIL and SUZETTE RENE, individually and on behalf of all others similarly situated, Plaintiffs,
v.
ALLIED INTERSTATE, LLC, Defendant.

          BARSHAY SANDERS, PLLC ATTORNEYS FOR THE PLAINTIFFS BY ERIC A. CURTIS, ESQ., OF COUNSEL

          REED SMITH LLP ATTORNEYS FOR THE DEFENDANT BY: NANA JAPARIDZE, ESQ., OF COUNSEL

          MEMORANDUM OF DECISION & ORDER

          ARTHUR D. SPATT UNITED STATES DISTRICT JUDGE

         This putative class action began when Sally Gil (“Gil”) and Suzette Rene (“Rene”) (together, the “Plaintiffs”) commenced this action individually and on behalf of all others similarly situated, against Allied Interstate, LLC (“Allied” or the “Defendant”) for damages stemming from alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. (“FDCPA”). The Plaintiffs contend that the Defendant falsely informed the Plaintiffs, in the form of a debt collection letter, that any disputes they had in connection with their debt must be made in writing.

         Prior to its ruling, the Court notes that the Defendant's memoranda uses footnotes, which is contrary to this Court's Individual Rule II.A. Notwithstanding this infraction, the Court will consider the Defendant's papers in rendering its decision. However, the Court advises the Defendant's counsel that any future filings that contain footnotes will not be considered by this Court.

         Presently before the Court is a motion by the Defendant, pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ. P.” or “Rule”) 12(b)(6) to dismiss the Plaintiffs' entire complaint for failure to state a claim upon which relief can be granted. For the following reasons, the Defendant's motion to dismiss pursuant to Rule 12(b)(6) is denied.

         I. BACKGROUND

         Unless otherwise noted, the following salient facts are drawn from the amended complaint and are construed in favor of the Plaintiffs.

         The Plaintiffs are individuals, residing in Suffolk County, New York, who incurred consumer credit card debt originally held by Synchrony Bank. Gil and Rene subsequently were unable to make the required debt payments and their debts were assigned or transferred to Allied for collection. Complaint ¶¶ 5-7, 11-14.

         Allied is a Franklin County, Ohio based debt collector who was assigned the Plaintiffs' debts. Id. ¶¶ 8-10, 14.

         The Defendant sent a letter to the Plaintiffs, dated June 1, 2016, informing them that Synchrony Bank retained Allied to collect their outstanding debt. The letter detailed the amount owed and according to the Plaintiffs, informed them that they must dispute the validity of the underlying debt in writing. The letter stated, in pertinent part, that:

Unless you notify us within 30 days after receiving this letter that you dispute the validity of this debt or any portion thereof, we will assume that this debt is valid. If you notify us in writing within 30 days after receiving this letter that you dispute the validity of this debt, or any portion thereof, we will obtain and mail to you verification of the debt or a copy of a judgment. If you request of us in writing within 30 days after receiving this letter, we will provide you with the name and address of the original creditor, if different from the current creditor.

         Complaint, Exhibit 1. Such a letter constituted an initial notice to the Plaintiffs pursuant to 15 U.S.C. § 1692g. It is unknown to the Court when the Plaintiffs received the letters.

         On June 5, 2017, the Plaintiffs commenced this action against the Defendant by filing ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.