Gordon v. Santander Consumer USA Inc.

FRCA, TILA Violation Suit Is Dismissed But Amended Complaint May Be Filed

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OPINION & ORDER On October 18, 2022, Plaintiff Kaydean Gordon (“Plaintiff”) commenced this action against Santander Consumer USA, Inc. (“Defendant”) and NYC Motorcars of the Bronx (“NYC Motorcars”) in the Supreme Court of the State of New York, County of Westchester, asserting violations of the Fair Credit Reporting Act (“FCRA”), the Truth in Lending Act (“TILA”), and New York state law. (Order to Show Cause and Motion for Summary Judgment (“OTSC”), ECF No. 1-1 at 55-57.) Presently before the Court is Defendant’s motion to dismiss Plaintiff’s claims pursuant to Federal Rules of Civil Procedure 12(b).¹ (“Motion”, ECF No. 17.) For the following reasons, the Motion is GRANTED. BACKGROUND The allegations in the OTSC are deemed true for the purpose of resolving the Motion. Plaintiff purchased a 2017 Mercedes Benz c300 (the “Vehicle”) from NYC Motorcars on May 21, 2021. (OTSC

6-7; see also Retail Installment Contract, ECF No. 18, Ex. A.) The salesman (the “Salesman”) from whom Plaintiff purchased the Vehicle requested her bank statements and verification of her income, ostensibly to facilitate financing. (OTSC

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