Thomas v. R.T.R. Financial Services, Inc.
| New York Eastern District Court | |
| Judge: | Pamela K Chen |
| Referred: | Lois Bloom |
| Case #: | 1:22-cv-04572 |
| Nature of Suit | 480 Other Statutes - Consumer Credit |
| Cause | 15:1692 Fair Debt Collection Act |
| Case Filed: | Aug 03, 2022 |
| Terminated: | Aug 11, 2022 |
| Case in other court: | Supreme Court of New York, County of Kings, 519631/2022 |
| Last checked: Monday Jan 30, 2023 4:13 AM EST |
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Defendant
R.T.R. Financial Services, Inc.
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Represented By
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Plaintiff
Sade Thomas
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Represented By
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| Docket last updated: 05/26/2025 11:59 PM EDT |
| Thursday, August 11, 2022 | ||
| 5 | 5
misc
Response to Order to Show Cause
Thu 08/11 4:33 PM
RESPONSE TO ORDER TO SHOW CAUSE by R.T.R. Financial Services, Inc. (Salvo, Cindy) |
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order
Order of Remand to State Court
Thu 08/11 5:41 PM
ORDER: In light of Defendant's5 consent to remand, this case is remanded to the Supreme Court of the State of New York, County of Kings, under case number 519631/2022. Ordered by Judge Pamela K. Chen on 8/11/2022. (Mahkamova, Shirin) |
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| Wednesday, August 10, 2022 | ||
| 4 | 4
answer
Answer to Complaint
Wed 08/10 7:40 PM
ANSWER to Complaint by R.T.R. Financial Services, Inc.. (Salvo, Cindy) |
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| Thursday, August 04, 2022 | ||
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order
Order to Show Cause
Thu 08/04 9:47 AM
ORDER TO SHOW CAUSE: On August 3, 2022 Defendant filed a Notice of Removal of Plaintiff's lawsuit brought under the Fair Debt Collection Practices Act, 15 U.S.C § 1692 et seq. (the "FDCPA"). Plaintiff's Complaint alleges that Defendant, a collection agency, violated the FDCPA by sending Plaintiff a letter in an attempt to collect on a debt that caused Plaintiff to be confused and misled. Before 2021, the Second Circuit explained that "an alleged violation of [the FDCPA] satisfies the injury-in-fact requirement of Article III." Cohen v. Rosicki, Rosicki & Assocs., P.C. , 897 F.3d 75, 81-82 (2d Cir. 2018). In 2021, however, the Supreme Court decided TransUnion LLC v. Ramirez , clarifying that, even where a defendant violates a statute such as the FDCPA, the plaintiff has not necessarily suffered an injury-in-fact sufficient to establish Article III standing. 141 S. Ct. 2190, 2205 (2021) ("[A]n important difference exists between (i) a plaintiff's statutory cause of action to sue a defendant over the defendant's violation of federal law, and (ii) a plaintiff's suffering concrete harm because of the defendant's violation of federal law."). Since TransUnion , courts in this Circuit have applied that principle to the types of facts alleged here and found that plaintiffs had not suffered injuries-in-fact and thus did not have standing to sue in federal court. See, e.g. , Cavazzini v. MRS Assocs. , No. 21-CV-5087 (ARR) (ST), 2021 WL 5770273, at *7 (E.D.N.Y. Dec. 6, 2021) ("Multiple courts have found alleged confusion to be insufficient for standing in the FDCPA context." (collecting cases)); Kola v. Forster & Garbus LLP , No. 19-CV-10496 (CS), 2021 WL 4135153, at *1, 7 (S.D.N.Y. Sept. 10, 2021) (explaining that merely receiving a misleading or confusing letter under the FDCPA does not establish an injury-in-fact). Such cases may, however, be brought in state courts, which have jurisdiction to enforce the FDCPA and are not bound by the injury-in-fact requirement of Article III of the Constitution. See Cavazzini , 2021 WL 5770273, at *8; Ciccone v. Cavalry Portfolio , No. 21-CV-2428 (JS) (JMW), 2021 WL 5591725, at *3 (E.D.N.Y. Nov. 29, 2021). In light of the Supreme Court's decision in TransUnion , on or before August 11, 2022, Defendant is required to file a letter showing cause why this case should not be remanded to state court for lack of subject matter jurisdiction. Plaintiff may file a response to Defendant's letter on or before August 18, 2022. This order does not affect any of the deadlines in this case. Ordered by Judge Pamela K. Chen on 8/4/2022. (Mahkamova, Shirin) |
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order
Scheduling Order
Thu 08/04 11:10 AM
ORDER: Defendant removed plaintiff's Fair Debt Collection Act case from Kings County Supreme Court invoking this Court's federal question jurisdiction under 28 U.S.C. § 1331 on August 3, 2022. ECF No.1 . Defendants shall respond to plaintiff's Complaint by August 10, 2022. F.R.C.P. 81(c)(2)(C). Any party seeking a trial by jury shall file a jury demand by August 17, 2022. Fed. R. Civ. P. 81(c)(3)(A). The Court shall hold the initial conference in this case by telephone on August 25, 2022, at 10:30 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 10:30 a.m. The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by May 31, 2022. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled. Ordered by Magistrate Judge Lois Bloom on 8/4/2022. (Yindra, Hannah) |
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| Wednesday, August 03, 2022 | ||
| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Wed 08/03 4:41 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
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| 2 | 2
misc
Clerks Notice of Rule 73
Wed 08/03 4:40 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
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| 1 | 1
notice
Notice of Removal
Wed 08/03 4:12 PM
NOTICE OF REMOVAL by R.T.R. Financial Services, Inc. from Supreme Court of the State of New York; County of Kings, case number 519631/2022. ( Filing fee $ 402 receipt number ANYEDC-15810560) (Salvo, Cindy) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Wed 08/03 4:36 PM
Case Assigned to Judge Pamela K. Chen and Magistrate Judge Lois Bloom. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
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misc
ECF Admission and Registration Notification - Removal
Wed 08/03 4:42 PM
This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) |
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