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Farooq v. Portfolio Recovery Associates LLC

Lack of Article III Standing Force's FRCA Violation Action's Remand to Civil Court

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MEMORANDUM & ORDER Plaintiff Muhammad Farooq filed this action against Portfolio Recovery Associates, LLC (“PRA”), Experian Information Solutions, Inc. (“Experian”), and Trans Union, LLC (“Trans Union”) in Civil Court, Queens County, alleging violations of the Fair Credit Reporting Act (“FCRA”) and the New York Fair Credit Reporting Act (“NY FCRA”). Defendants removed the action to this Court. They now move for a judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). Briefed by neither side, however, is the issue of Article III standing. As explained more fully below, in the absence of constitutional standing, the Court is without subject-matter jurisdiction to entertain this action or rule on defendant’s motion. Accordingly, the action is remanded to Civil Court, Queens County, under case number 2022/011984. Background1 At its heart, the dispute is simple. Defendants claim that, at one time, plaintiff owed a debt to defendant PRA. Compl., Dkt. No. 1-2, 18. PRA could not collect that debt because the statute of limitations had run. Id. 20. Nonetheless, defendants Transunion and Experian reported that debt on plaintiff’s credit report with no explanation that the debt was unenforceable. Id.

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