District Judge Joseph F. Bianco

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Defendant First Premier Bank was the Originating Depository Financial Institution for a $350 "payday" loan plaintiff received in June 2010. In her putative class suit charging First Premier with conspiracy and substantive RICO violations, violation of New York General Business Law (GBL) 349, and unjust enrichment, plaintiff claimed First Premier received an origination fee, paid for from her account, for processing the June 2010 "payday" loan. The court dismissed plaintiff's substantive RICO claim based on the collection of an unlawful debt. She inadequately alleged the existence of an association-in-fact enterprise, and that First Premier conducted or participated in the affairs of a RICO enterprise. Because she inadequately alleged an underlying violation, plaintiff's RICO conspiracy claims were also dismissed. Plaintiff also failed to state a claim under the GBL because there were no allegations that First Premier engaged in consumer-oriented, misleading conduct. However, plaintiff's unjust enrichment claim survived dismissal. She adequately alleged that she conferred a benefit on First Premier. In an abundance of caution the court allowed plaintiff to file an amended complaint to attempt to allege plausible RICO and GBL claims.