Judge Grants MSJ For Defendant in FDCPA Case After Plaintiff Claims to Lose Out on Promotion

A District Court judge in New York has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case in which the plaintiff alleged — too little, too late it appears — that she lost out on a promotion because her employer learned that the defendant was attempting to collect on the debt in question — a hospital bill for injuries suffered while the plaintiff was working, ruling the plaintiff lacked standing because she did not suffer a concrete injury.

A copy of the ruling in the case of Mumin v. Miller & Milone can be accessed by clicking here.

The plaintiff was hurt while working and was treated at a local hospital. The plaintiff received an invoice from the hospital and she alleges that she provided the facility with a Workers’ Compensation claim number and related information. The defendant alleges that the plaintiff never submitted the invoice she received from the hospital to her employer or to Workers’ Compensation, and, as such, a claim was commenced for the injuries that were suffered. The unpaid debt was placed with the defendant for collection, and it sent a collection letter to the plaintiff. The plaintiff filed suit, alleging the letter violated the FDCPA because it attempted to collect a debt that was not owed.

At the close of discovery, the plaintiff submitted an affidavit claiming she believes she lost out on a promotion because her employer learned she was the target of a collection action from the defendant.

But those beliefs were “unsupported” and raised no facts that would be admissible into evidence, ruled Judge George B. Daniels of the District Court for the Southern District of New York. During discovery, the plaintiff admitted that she had not suffered any injury, which was more than enough for Judge Daniels to grant the defendant’s motion for summary judgment.

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