David Gettings on Injury-in-Fact

Take Two: En Banc Eleventh Circuit to Address Whether a Single Text Message Can Confer Standing Under TCPA

As discussed here, on July 27, 2022, the Eleventh Circuit Court of Appeals sua sponte vacated the district court’s approval of a $35 million class-action settlement in Drazen and Godaddy.com, LLC (Godaddy) v. Pinto. Although...more

3/15/2023 / Article III , ATDS , Injury-in-Fact , Standing , TCPA , Text Messages

Plaintiff’s Confusion Over Debt Collection Letter Is Not Enough to Create Standing to Assert an FDCPA Claim

In Whitfield v. Contract Callers, Inc., Civil Action No. RDB-21-1540 (D. Md. Dec. 20, 2021), the District of Maryland dismissed claims asserted under the Fair Debt Collection Practices Act (FDCPA), holding that confusion...more

12/30/2021 / Article III , Debt Collection , Debt Collectors , FDCPA , Injury-in-Fact , Standing

Seventh Circuit District Court Dismisses FDCPA Case for Lack of Article III Standing

In Friend v. CACH LLC, a district court in the Seventh Circuit dismissed a Fair Debt Collection Practices Act (FDCPA) case for lack of Article III standing. In its holding, the court emphasized that to establish Article III...more

9/29/2021 / Article III , Debt Collection , Debt Collectors , FDCPA , Injury-in-Fact , Standing

New York District Court Dismisses Six FDCPA Cases Invoking “Mailing Vendor” Theory Emanating from the Eleventh Circuit Hunstein...

In In re FDCPA Mailing Vendor Cases, a New York district court dismissed six FDCPA complaints after plaintiffs in each of the respective cases failed to demonstrate injury-in-fact sufficient for Article III standing in...more

8/2/2021 / Article III , Debt Collection , Debt Collectors , Dismissals , FDCPA , Injury-in-Fact , Standing

Supreme Court Decision: TransUnion v. Ramirez

Today, the Supreme Court issued its opinion in TransUnion LLC v. Ramirez, holding that a concrete injury requires more than the existence of a risk of harm that never materializes. Accordingly, the vast majority of the absent...more

6/28/2021 / Article III , Class Action , Class Members , Credit Reporting Agencies , Credit Reports , Fair Credit Reporting Act (FCRA) , Injury-in-Fact , Standing , TransUnion , TransUnion LLC v Ramirez

Supreme Court Considers Standing and Typicality for No-Injury Class Actions in TransUnion v. Ramirez Oral Argument

The U.S. Supreme Court heard oral argument yesterday in TransUnion LLC v. Ramirez, a case in which the Supreme Court is once again grappling with the requirements of Article III standing — this time in the context of class...more

4/2/2021 / Article III , Consumer Credit Reporting Agencies Act (CCRAA) , Fair Credit Reporting Act (FCRA) , Injury-in-Fact , Office of Foreign Assets Control (OFAC) , Oral Argument , Petition for Writ of Certiorari , SCOTUS , Standing , TransUnion LLC v Ramirez

FDCPA Standing: Seventh Circuit District Court Affirms That “Annoyance and Confusion” Without Detrimental Action is Insufficient...

In O’Toole v. Bob Roache Law, a Seventh Circuit District Court in Indiana granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act (FDCPA) case for lack of standing. In its holding, the court emphasized...more

2/24/2021 / Debt Collection , Debt Collectors , FDCPA , Injury-in-Fact , Standing

David Gettings

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