News & Analysis as of

Debt Collection › Injury-in-Fact

Brownstein Hyatt Farber Schreck

Brownstein Appeals Case to the United States Supreme Court

Brownstein Hyatt Farber Schreck on

On June 26, 2025, Brownstein filed a Petition for a Writ of Certiorari to the United States Supreme Court, seeking review of a Ninth Circuit Court of Appeals decision regarding the Fair Debt Collection Practices Act (FDCPA)....more

McGlinchey Stafford

Litigation Byte (October Edition)

McGlinchey Stafford on

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. 4th Circuit Holds Rental Applicant Lacks Standing...more

McGlinchey Stafford

No Standing for FDCPA Claims Due to Lack of Injury: Eighth Circuit Vacates Judgment and Orders Dismissal

McGlinchey Stafford on

The United States Court of Appeals for the Eighth Circuit reversed a District Court’s decision granting summary judgment and remanded with instructions to dismiss the case due to lack of standing to assert a claim under the...more

Troutman Pepper Locke

Missouri Federal Court Dismisses FDCPA Claim Over Letters Sent to Plaintiffs’ Attorney

Troutman Pepper Locke on

A U.S. District Court in the Eastern District of Missouri recently dismissed a lawsuit under the Fair Debt Collections Practices Act (FDCPA), finding that two letters sent to the plaintiffs’ attorney did not constitute...more

Troutman Pepper Locke

Third Circuit Holds “Confusion, Without More” Is Not Enough to Confer Standing Under the FDCPA

Troutman Pepper Locke on

The U.S. Court of Appeals for the Third Circuit has recently underscored the fact that a plaintiff does not automatically gain Article III standing under the Fair Debt Collections Practices Act (FDCPA) simply because they are...more

Orrick, Herrington & Sutcliffe LLP

3rd Circuit finds appellant does not have FDCPA standing where only injury was confusion

Orrick, Herrington & Sutcliffe LLP on

On April 26, the U.S. Court of Appeals for the Third Circuit held that an appellant who sued a debt collector for allegedly violating the FDCPA did not have standing to bring her claim because she “failed to plead a concrete...more

Troutman Pepper Locke

Missouri Federal Court Finds Plaintiff Lacks Standing to Challenge Compliance Condition Code on Consumer Report

Troutman Pepper Locke on

A U.S. District Court in the Eastern District of Missouri recently granted a defendant’s summary judgment motion in a Fair Debt Collection Practices Act (FDCPA) case, holding that the plaintiff lacked standing because she did...more

Troutman Pepper Locke

Florida State Court Dismisses Letter Vendor Claim for Lack of Standing

Troutman Pepper Locke on

In Scott v. Collecto, Inc., the plaintiff filed a complaint in state court alleging a violation of the Fair Debt Collection Practices Act (FDCPA) and common law negligence based on the defendant’s use of a letter vendor to...more

Orrick, Herrington & Sutcliffe LLP

7th Circuit says plaintiffs should have produced evidence to prove concrete injury

Orrick, Herrington & Sutcliffe LLP on

On February 29, the U.S. Court of Appeals for the Seventh Circuit decided that while an interruption of self-employment can cause a concrete loss for a plaintiff to sue, that loss must be established by evidence at summary...more

Tucker Arensberg, P.C.

Third Circuit: Consumer Does Not Have Standing to Raise FDCPA Challenge to Debt Collection Agency’s Disclosure of Private...

Tucker Arensberg, P.C. on

In Barclift v. Keystone Credit Services, LLC, the Philadelphia-based United States Court of Appeals for the Third Circuit determined that a Consumer did not have standing to sue under Fair Debt Collection Practices Act...more

Burr & Forman

Third Circuit Weighs in on Mailing Vendors in Debt Collection and Article III Standing

Burr & Forman on

The Third Circuit Court of Appeal recently weighed in on the burgeoning number of cases alleging that debt collector use of mailing vendors requires communication with a third party about consumer debt that violates the Fair...more

Troutman Pepper Locke

Second Circuit Affirms Dismissal of FDCPA Case Holding Plaintiff Prompted Communication at Issue

Troutman Pepper Locke on

The U.S. Court of Appeals for the Second Circuit issued a summary order affirming a district court’s holding that an emailed response to the plaintiff’s email did not constitute an “initial communication” under the Fair Debt...more

Troutman Pepper Locke

Letter Vendor Claim Remanded to State Court for Lack of Standing

Troutman Pepper Locke on

In Moore v. Merchants & Medical Credit Corp., Inc., the plaintiff initiated litigation in state court alleging a violation of the Fair Debt Collection Practices Act (FDCPA) based on the defendant’s use of a letter vendor to...more

Ballard Spahr LLP

Tenth Circuit Dismisses FDCPA Claim for Lack of Standing Where Third-Party Mail Vendor Sent Collection Letters

Ballard Spahr LLP on

The U.S. Court of Appeals for the Tenth Circuit recently joined the Eleventh Circuit (and a growing majority of courts) in rejecting the “Hunstein theory” of liability under the Fair Debt Collection Practices Act (FDCPA). In...more

Troutman Pepper Locke

Illinois Federal Court Dismisses FDCPA Claim for Lack of Article III Standing

Troutman Pepper Locke on

Federal courts across the country continue to divest themselves of Fair Debt Collection Practices Act (FDCPA) cases following the Supreme Court’s salient Article III standing decision in TransUnion LLC v. Ramirez. The...more

Ballard Spahr LLP

Tenth Circuit dismisses FDCPA claim for lack of standing where third party mail vendor sent collection letters

Ballard Spahr LLP on

The U.S. Court of Appeals for the Tenth Circuit recently joined the Eleventh Circuit (and a growing majority of courts) in rejecting the “Hunstein theory” of liability under the Fair Debt Collection Practices Act (FDCPA). In...more

Ballard Spahr LLP

New Jersey federal court rules misleading collection letter alone does not establish Article III standing

Ballard Spahr LLP on

In an unpublished opinion, a New Jersey federal district court has ruled that a plaintiff did not have Article III standing to assert a claim under the Fair Debt Collection Practices Act based solely on her receipt of an...more

Troutman Pepper Locke

No License? No Standing! District Court Dismisses FDCPA Suit Against Unlicensed Debt Collector For Lack Of Standing

Troutman Pepper Locke on

On January 4, the District Court of New Jersey dismissed a Fair Debt Collection Practices Act (FDCPA) complaint against an unlicensed debt collector for lack of standing. In Valentine v. Unifund CCR, LLC, et al., the court...more

Troutman Pepper Locke

Tenth Circuit Affirms Dismissal of FDCPA Mailer-Vendor Claims

Troutman Pepper Locke on

A recent opinion issued by the Tenth Circuit serves as further confirmation that plaintiffs bringing Fair Debt Collection Practices Act (FDCPA) claims in federal court must allege sufficient concrete injury — tangible or...more

Cozen O'Connor

Neither Confusion nor Expense of Retaining Counsel Sufficient for Article III Standing in FDCPA Case

Cozen O'Connor on

The U.S. Supreme Court’s 2016 decision in Spokeo Inc. v. Robins was a game-changer. That decision single-handedly raised the bar for a plaintiff alleging a violation of a consumer protection statute such as the Fair Credit...more

Hinshaw & Culbertson - Consumer Financial...

The Hunstein Saga Ends at the Eleventh Circuit: Court Determines That Use of a Mail Vendor Did Not Inflict a Concrete Injury

Hinshaw & Culbertson - Consumer Financial... on

On September 8, 2022, the Eleventh Circuit Court of Appeals gave its final word—after many twists and turns—in Hunstein v. Preferred Collection and Management Services, Inc., No. 19-14434. The court issued an en banc opinion...more

Burr & Forman

Eleventh Circuit Clarifies Tests for Article III Standing, Changes Course on FDCPA and Mailing Vendors

Burr & Forman on

On September 8, 2022, in Hunstein v. Preferred Collection and Management Services, Inc. , No. 19-14434, the Eleventh Circuit Court of Appeals issued an en banc decision which departs significantly from the panel decision on...more

Blank Rome LLP

Fifth Circuit Holds Mere Statutory Violation of the FDCPA, Future Risk of Harm, Confusion, and Lost Time Are Insufficient to...

Blank Rome LLP on

Financial institutions, debt collectors, debt collection law firms, and consumer-facing businesses should take note that the Fifth Circuit Court of Appeals has ruled that merely asserting a statutory violation of the Fair...more

Troutman Pepper Locke

NY District Court Rules Consumer With No Intent to Pay a Debt Lacks Standing in FDCPA Claim for Conflicting Collection Letters

Troutman Pepper Locke on

A consumer made charges on a credit card account, which she failed to pay as agreed. The creditor referred the account to a law firm, which served the consumer with a collection suit and obtained a default judgment for the...more

Burr & Forman

Seventh Circuit Dismisses FDCPA Claim for Lack of Standing

Burr & Forman on

In Pierre v. Midland Credit Management, Inc., — F.4th —, 2022 WL 986441 (7th Cir. Apr. 1, 2022), the Seventh Circuit affirmed the dismissal of a claim under the Fair Debt Collection Practices Act (“FDCPA”), finding that the...more

65 Results
 / 
View per page
Page: of 3
Next »

"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:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide