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Rosenberg v. McCarthy, Burgess & Wolff Inc.

FDCPA Suit Dismissed; Claim Not Stated, Injury Conferring Standing Insufficiently Alleged

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MEMORANDUM & ORDER Plaintiff Naftali Rosenberg, individually and on behalf of all others similarly situated, commenced the above-captioned putative class action against Defendant McCarthy, Burgess & Wolff, Inc. on April 21, 2021, alleging that Defendant violated the Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq. (the “FDCPA”) by sending Plaintiff a debt collection letter seeking $103.60 in unauthorized fees and other charges, thus misrepresenting the amount of Plaintiff’s debt. (Compl.

27-30, Docket Entry No. 1.) Defendant moves to dismiss the Amended Complaint for lack of standing and failure to state a claim pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, and Plaintiff opposes the motion.1 For the reasons set forth below, the Court grants Defendant’s motion and dismisses the Amended Complaint without prejudice for lack of subject matter jurisdiction. I. Background Plaintiff is a New York State resident and a “consumer” as defined by the FDCPA.2 (Am. Compl.

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