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Supreme Court, Kings County · March 17, 2026 · 90 Misc 3d 194

Whaley v Higher Educ. Loan Auth. of the State of Mo.

Read the official decision: 90 Misc 3d 194

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Holding The court granted the motion to dismiss the complaint against Midland Credit Management, Inc., finding that the plaintiff lacked standing under New York common-law rules. The plaintiff failed to allege any actual harm or injury resulting from the defendant’s alleged inaccurate reporting to a consumer reporting agency.

The court’s words

the complaint herein contains no allegation that plaintiff suffered an actual harm or injury as a result of Midland Credit's alleged inadequate investigation

90 Misc 3d 194, at the official text

plaintiff's claim here is indistinguishable from the FDCPA claims in Gregg, Kraus, and Green

90 Misc 3d 194, at the official text

Midland is entitled to dismissal of the complaint against it pursuant to CPLR 3211 (a) (3)

90 Misc 3d 194, at the official text
CourtSupreme Court, Kings County
DecidedMarch 17, 2026
Citation90 Misc 3d 194
Area of lawConsumer Protection
WeekWeek ending March 21, 2026
Official textOfficial decision: 90 Misc 3d 194
Source feedNew York advance sheet: 26nyadv41.pdf
Law Watch record id1314

Recommended citation

ESQ HQ, New York Law Watch, Whaley v Higher Educ. Loan Auth. of the State of Mo., 90 Misc 3d 194 (Supreme Court, Kings County, March 17, 2026), https://esqhq.com/decisions/90-misc-3d-194/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published March 17, 2026. Updated November 14, 2026.