Tag Archives: Standing

A District Court judge in New Jersey has granted a defendant’s motion to dismiss, ruling the plaintiff lacked standing filing a class-action lawsuit against a collection law firm, accusing it of violating the Fair Debt Collection Practices Act because the pronouns used in a collection letter were too generic. A …

A District Court judge in New Jersey — taking the issue up all on her own — has ruled that a plaintiff lacks standing to sue a collection agency after accusing it of violating the Fair Debt Collection Practices Act because it used multiple addresses in a collection letter and …

The Court of Appeals for the Seventh Circuit has denied an en banc hearing request from a plaintiff after a panel of judges overturned a $350,000 award against a collector in a Fair Debt Collection Practices Act case, but a quartet of judges wrote a dissenting opinion arguing how the …

The Court of Appeals for the Seventh Circuit has overturned a lower court’s dismissal of a Fair Debt Collection Practices Act case for lack of standing, ruling that the plaintiff had standing because he alleged a concrete injury — that interest was continuing to accrue on an unpaid judgment — …

A District Court judge in New York has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class action case, determining that the plaintiff lacked standing to sue because he did not suffer a concrete injury after alleging the defendant violated the statute by sending …

Standing, with respect to Fair Debt Collection Practices Act lawsuits these days, is not necessarily always a black-and-white situation. Whether a plaintiff suffered a concrete injury sufficient enough to have standing to sue in federal court is a moving target, but judges have generally indicated that in order to have …

Strike two. A plaintiff alleging a collection agency violated the Fair Debt Collection Practices Act by using a letter vendor to print and mail the collection letter she received has had her case dismissed by a federal judge for lack of standing, although this time the judge is not giving …

If you’re the second collection agency attempting to collect on a debt, are you responsible for the sins of the first? If the sin is not responding to a dispute notice and validation request, a District Court judge in Connecticut has ruled you’re not, granting a defendant’s motion for judgment …

The Court of Appeals for the Seventh Circuit on Friday reversed a jury award of $350,000 against a collector in a Fair Debt Collection Practices Act case over the collection of a time-barred debt, ruling the plaintiff lacked standing. A copy of the ruling in the case of Pierre v. …

A District Court judge in New York has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case in which a collection letter included multiple addresses for the defendant, allegedly confusing the plaintiff to the point where he felt his only option was to hand …