Latest Posts › Standing

Share:

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

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

The Sixth Circuit Confirms Plaintiff’s Standing Based on an Alleged Denial of a Loan in Violation of the FCRA and ECOA

In Fillinger v. Third Fed. Sav. & Loan Ass’n, No. 21-3088 (6th Cir. 2021), the Sixth Circuit held that an alleged denial of a loan is a sufficient injury to confer standing under Article III of the Constitution....more

1099C Language in Collection Letters: Third Circuit District Court Grants Defendants’ Motion for Summary Judgment in FDCPA Case

In Bordeaux v. LTD Fin. Servs., L.P., a Third Circuit district court granted summary judgment to the defendants in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court emphasized Third Circuit...more

10/7/2021  /  Article III , Debt Collection , FDCPA , IRS , 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

Signing Bonuses and Article III Standing: Seventh Circuit Reverses and Remands District Court Entry of Summary Judgment for...

In Wadsworth v. Kross, Liberman & Stone, Inc., the Seventh Circuit Court of Appeals reversed a district court’s entry of summary judgment for the plaintiff in a Fair Debt Collection Practices Act (FDCPA) case and remanded the...more

Tenth Circuit Affirms Rejection of Bona Fide Error Defense in FDCPA Claim Alleging a Single Collection Call After Receipt of a...

In Lupia v. Medicredit, Inc., No. 20-1294 (10th Cir. Aug. 17, 2021), the Tenth Circuit affirmed summary judgement in favor of the plaintiff in a claim under the Fair Debt Collections Practices Act (FDCPA), finding that the...more

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

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

Court Finds Plaintiff’s Subjective Interpretation of a Debt Collection Letter Insufficient to Confer Standing Under the FDCPA

The Southern District of Florida has added to the growing collection of cases under the Fair Debt Collections Practices Act (FDCPA) based on a lack of standing....more

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

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

District Court Dismisses FDCPA Case Because Plaintiff Could Not Prove Sufficient Actual Injury

In Giannini v. Fin. Recovery Servs., Judge Ellis of the District Court for the Northern District of Illinois dismissed a case alleging the defendant violated the Fair Debt Collection Practices Act by “fail[ing] to include...more

Seventh Circuit Finds Plaintiff Lacks Standing to Bring FDCPA Based on Collection Letter

In Smith v. GC Servs. Ltd. P’ship, No. 19-3494 (7th Cir. Jan. 21, 2021), the Seventh Circuit affirmed a decision by the Southern District of Indiana finding that the plaintiff had not suffered any concrete injury and...more

Debt Collection and Estates: District of New Jersey Court Grants in Part and Denies in Part Defendant’s Motion to Dismiss FDCPA...

In Rock v. Greenspoon Marder LLP, Judge Vazquez of the District Court for the District of New Jersey granted the defendant’s motion to dismiss the plaintiff’s Fair Debt Collection Practices Act (FDCPA) claim in part and...more

One Ringless Voicemail: On Appeal, Eleventh Circuit Affirms District Court Holding on Article III Standing in TCPA Case

On appeal in Grigorian v. FCA US LLC, the Eleventh Circuit affirmed the holding of Judge Cooke, of the United States District Court for the Southern District of Florida, that Mariam Grigorian (“Mariam”), Plaintiff and...more

District Court Finds Plaintiff Lacks Standing to Bring FDCPA Suit After He Testified That He had Not Read the Collection Letter at...

In Truckenbrodt v. CBE Grp., Inc., No. 2:19-cv-2870 (ERK) (SMG), (E.D.N.Y. Oct. 21, 2020) the court dismissed a suit brought under the Fair Debt Collections Practices Act (“FDCPA”) after the plaintiff conceded that he had not...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide