Tag Archives: Standing

There is no doubt that the legal process can be overwhelming and confusing for many consumers. But losing sleep and suffering emotional distress because you think the fight is over before it actually is does not endow that consumer standing to turn around and sue the collector, a District Court …

Congress made a mistake when it drafted Section 1692c(b) of the Fair Debt Collection Practices Act, which prohibits communicating information about a debt with third parties because the way the statute is written, “there would be no corporate debt collectors because debt collectors would violate the FDCPA ever single time …

By using a mail house to print and mail a collection letter, thus “exposing … non-public information to an unauthorized third party,” the plaintiff-appellant in Hunstein v. Preferred Collection & Management Services suffered a concrete injury and thus has standing to sue, his attorney argued in a brief that was …

A default judgment obtained in an underlying collection lawsuit is enough of a concrete injury for a plaintiff to have standing in a Fair Debt Collection Practices Act case, a District Court judge in California has ruled, disagreeing with the plaintiff’s contention that he does not have standing and denying …

Saying that you expended “time, money, and effort” trying to identify what to do when you are confused as to whom the original creditor was after receiving a collection letter is not enough for a plaintiff to have standing to sue, ruled a District Court judge in Maryland, who has …

A District Court judge in Ohio has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case because claiming statutory damages is not enough of a concrete injury for the plaintiff to have standing to sue. A copy of the ruling in the case of Portnoy v. …

Judge Cathy Seibel of the District Court for the Southern District of New York gets it. Judge Seibel is the latest in a growing line of judges across the country who are ruling that plaintiffs filing Hunstein claims do not have standing to sue in federal court because they did …

A District Court judge in New York has granted a plaintiff’s motion to remand a Hunstein case back to state court, ruling that the plaintiff does not have standing to sue in federal court because the complaint does not allege that the communication of his information by the defendant to …

This is one of those cases where I feel like I need to make the “I’m not a lawyer” disclaimer because, to me, this looks like one of those “good news, bad news” type of cases, but there might be sides to this that I am not seeing. A District …

Trying to convince a federal judge that a plaintiff has standing to pursue a lawsuit is a tightrope walk for companies in the accounts receivable management industry. The company doesn’t want to admit to making a mistake, yet also needs to convince a judge that the plaintiff was harmed by …