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14-7427 - Williams et al v. Bayview Loan Servicing, LLC et al


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14-7427 - Williams et al v. Bayview Loan Servicing, LLC et al
January 22, 2016
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ORDER. For the reasons described in the annexed opinion, the court concludes that plaintiffs have: (1) stated a claim under the FCRA against Bayview; (2) stated a claim under the FDCPA against Bayview for debt collection activities unrelated to the foreclosure proceeding; (3) failed to state a claim under the FDCPA against Knuckles because Knuckles is alleged only to have litigated the foreclosure suits; (4) failed to state a claim against either Bayview or Knuckles under N.Y. Gen. Bus. Law § 349; (5) failed to state a claim against either Bayview or Knuckles for invasion of privacy; and (6) failed to state a claim for negligent hiring against either defendant. The court grants plaintiffs 30 days to amend their complaint to allege plausible facts, if any, against Knuckles for alleged violations of the FDCPA. Failure to amend within 30 days will result in the dismissal, with prejudice, of Knuckles. Plaintiffs should title their amended complaint "Second Amended Complaint." Amendment of the N.Y. Gen. Bus. Law § 349 claims, invasion of privacy claims, and negligent hiring claims would be futile because there is no indication that plaintiffs could state significant plausible facts to sustain those claims. The court, therefore, dismisses the state law claims with prejudice. The Clerk of the Court is respectfully directed to serve of a copy of this order on the pro se plaintiffs and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 1/22/2016. (Jacobson, Jonathan)