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Herrera v. Navient Corps.

E-Sign Act, TCPA Claims Rejected in Dismissal of Suit Alleging Identity Theft in Loan Debt

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MEMORANDUM AND ORDER   On October 11, 2019, the pro se plaintiff filed her complaint in the Queens County Supreme Court (Index No: 717610/2019), alleging violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §1692 et seq., against defendants Navient Corporation (“Navient”) and Navient Solutions, LLC (“NSL”). (ECF No. 1-2 at 5-6, “Complaint.”) On November 21, 2019, the defendants removed the case to this Court, and on December 18, 2019, moved to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (ECF Nos. 1, 5.) The plaintiff opposes the motion and, in the alternative, requests leave to file an amended complaint. (ECF No. 9.) For the reasons that follow, I grant the defendants’ motion to dismiss, and give the plaintiff leave to file an amended complaint. BACKGROUND1 In 2010, Ted Okoroji applied for a student loan totaling approximately $214,280.42. (Compl.

3-4; ECF No. 9 22.) Although the application bore the plaintiff’s electronic signature, she contends that she was the victim of identity theft, that she “did not authorize or approve the use of her information for the purposes of the loan,” and that the defendants did not verify her signature. (Compl.

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