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Alliance One International Inc.
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Order | Filed: March 15, 2024 | Entered: March 15, 2024 Panigel v. Alliance One Inc.
Consumer Credit | New York Eastern
~Util - Terminate Civil Case
Civil Case Terminated. See 5 Notice of Voluntary Dismissal. (AH)
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Notice | Filed: March 15, 2024 | Entered: March 15, 2024 Panigel v. Alliance One Inc.
Consumer Credit | New York Eastern
Notice of Voluntary Dismissal
NOTICE of Voluntary Dismissal by Aharon Panigel (Elo, Elliot)
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Order | Filed: March 11, 2024 | Entered: March 11, 2024 Panigel v. Alliance One Inc.
Consumer Credit | New York Eastern
Order to Show Cause
ORDER TO SHOW CAUSE: Plaintiff brings this action against Defendant Alliance One Inc. alleging violations of the Fair Debt Collection Practices Act ("FDCPA"). Plaintiff alleges that he received a text message from Defendant regarding an alleged debt even after Plaintiff informed Defendant that he could not pay, causing Plaintiff to suffer "anger, anxiety, decreased ability to focus on tasks while at work, frustration, amongst other negative emotions, as well as suffering from unjustified abusive invasions of personal privacy, [and] intrusion upon seclusion." (See Dkt. 1 ¶¶ 9–13.)
In 2021, 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. 594 U.S. 413, 426–27 (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 more detailed allegations than those 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., Zlotnick v. Equifax Information Svcs., Inc., 583 F. Supp. 3d 387 (E.D.N.Y. 2022) (explaining that allegations that Plaintiff suffered credit denial, loss of reputation for creditworthiness, and conclusory allegations of "mental and emotional pain" do not, without allegation of "concrete consequences" or harms, confer standing); Rosenberg v. LoanDepot, Inc., No. 21-CV-8719 (PMH), 2023 WL 1866871 (S.D.N.Y. Feb. 9, 2023) (same). 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 Maddox v. Bank of N.Y. Mellon Tr. Co., N.A., 19 F.4th 58, 66 n.4 (2d Cir. 2021).
In light of the Supreme Court's decision in TransUnion, the Court directs Plaintiff to file a letter showing cause why this case should not be dismissed for lack of standing on or before April 11, 2024. Should Plaintiff file a letter, Defendants shall file responses on or before April 18, 2024. Ordered by Judge Pamela K. Chen on 3/11/2024. (AH)
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