The Inalienable Rights Of Hawaii's Condominium Owners civilbeat.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from civilbeat.org Daily Mail and Mail on Sunday newspapers.
Two recent cases serve as reminders that lack of Article III standing remains a viable defense.
6/3/2021 10:30 AM
FDCPANewsArticle III Standing
By Robert M. Horwitz
Lack of subject matter jurisdiction for no standing under Article III of the U.S. Constitution is alive and well in the U.S. Court of Appeals for the 6th Circuit. Although the 7th Circuit received a lot of attention in late 2020 when it dismissed numerous cases filed under the Fair Debt Collection Practices Act for failing to allege an injury in fact sufficient under Article III of the U.S. Constitution to remain in federal court, the 6th Circuit recently used a lack of Article III standing to kick putative class actions claiming violations of the Fair and Accurate Credit Transactions Act of 2003 (FACTA) and the FDCPA from federal court.