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For FDCPA Litigators, New Lessons on Standing | Hudson Cook, LLP

To embed, copy and paste the code into your website or blog: Whether you represent FDCPA plaintiffs or defendants, recent decisions provide new insight on how standing issues may affect your case. The doctrine of standing determining who is a proper plaintiff to bring a particular lawsuit seems straightforward. Most lawyers are familiar with the multi-pronged test flowing from the Supreme Court s 1992 decision in Lujan v. Defenders of Wildlife: To have standing, a plaintiff must demonstrate an injury-in-fact, caused by the alleged wrongdoing, and capable of redress by the court. But recent court decisions underscore the complexity of standing in the context of the Fair Debt Collection Practices Act (FDCPA). Whether you represent FDCPA plaintiffs or defendants, the cases summarized below provide new insight on how standing issues may affect your case.

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Court: Confusion and Anxiety Fail to Satisfy a Plaintiff'...

Court: Confusion and Anxiety Fail to Satisfy a Plaintiff'...
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Latest Job Openings In And Around Green Bay

Latest Job Openings In And Around Green Bay
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Article III Standing in FDCPA Class Actions: The Seventh Circuit Issues a Series of Decisions | Foley & Lardner LLP

To embed, copy and paste the code into your website or blog: On Monday and Tuesday of this week, the United States Court of Appeals for the Seventh Circuit issued a series of decisions addressing the Article III standing of consumer plaintiffs alleging violations of the Fair Debt Collection Practices Act (“FDCPA”). The court in five opinions resolving six different appeals arising out of putative class actions revisited the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), clarifying how an FDCPA plaintiff must allege and prove an “injury in fact” sufficient to establish subject-matter jurisdiction in a federal court.

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Seventh Circuit: Article III Standing in FDCPA Class Actions

Thursday, December 17, 2020 On Monday and Tuesday of this week, the United States Court of Appeals for the Seventh Circuit issued a series of decisions addressing the Article III standing of consumer plaintiffs alleging violations of the Fair Debt Collection Practices Act (“FDCPA”). The court in five opinions resolving six different appeals arising out of putative class actions revisited the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), clarifying how an FDCPA plaintiff must allege and prove an “injury in fact” sufficient to establish subject-matter jurisdiction in a federal court. Two of the five opinions resulted in converting Rule 12(b)(6) dismissals of complaints for failure to state a claim to Rule 12(b)(1) dismissals for lack of subject-matter jurisdiction:

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