United States District Court, E.D. New York
SALLY GIL and SUZETTE RENE, individually and on behalf of all others similarly situated, Plaintiffs,
ALLIED INTERSTATE, LLC, Defendant.
BARSHAY SANDERS, PLLC ATTORNEYS FOR THE PLAINTIFFS BY ERIC A.
CURTIS, ESQ., OF COUNSEL
SMITH LLP ATTORNEYS FOR THE DEFENDANT BY: NANA JAPARIDZE,
ESQ., OF COUNSEL
MEMORANDUM OF DECISION & ORDER
D. SPATT UNITED STATES DISTRICT JUDGE
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.
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.
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.
otherwise noted, the following salient facts are drawn from
the amended complaint and are construed in favor of 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.
is a Franklin County, Ohio based debt collector who was
assigned the Plaintiffs' debts. Id. ¶¶
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.
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.
5, 2017, the Plaintiffs commenced this action against the
Defendant by filing ...