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Fair Debt Collection Practices Act Subject Matter Jurisdiction

Foley & Lardner LLP

Class Victory Vacated as Seventh Circuit Adds to Current Split Over Standing and Intangible Injuries

Foley & Lardner LLP on

The Seventh Circuit rejected emotional distress and other intangible injuries as a basis for Article III standing in a class action seeking statutory damages under the Fair Debt Collection Practices Act (FDCPA). In Pierre v....more

Troutman Pepper

A Swing and a Miss: Court Finds Plaintiff Lacks Standing to Assert FDCPA Claim After Prevailing in State Court

Troutman Pepper on

In Cheatham v. Adams, a U.S. district judge in Arkansas recently granted the defendant McKendra Adams’s (Adams) motion to dismiss for lack of standing involving an alleged violation of the Fair Debt Collection Practices Act...more

Burr & Forman

Seventh Circuit Reverses Summary Judgment on Fair Debt Collection Practices Claim Reasoning Lack of Standing

Burr & Forman on

On August 31, 2021, the Seventh Circuit Court of Appeals reversed a summary judgment decision from the United States District Court for the Northern District of Illinois, and remanded the action with instructions to dismiss...more

Foley & Lardner LLP

Article III Standing in FDCPA Class Actions: The Seventh Circuit Issues a Series of Decisions

Foley & Lardner LLP on

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...more

Bradley Arant Boult Cummings LLP

FACTA Cases Continue to Present Ideal Targets for Spokeo Challenges-Eleventh Circuit Defendants Take Particular Notice

We’ve already written about Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), in which the Supreme Court reaffirmed that all federal plaintiffs, even those alleging a statutory violation, must have suffered a real, concrete...more

Smith Debnam Narron Drake Saintsing & Myers,...

District Court Serves as a Reminder of the Limitations of Spokeo

A district court out of Missouri has served up a reminder as to the limitations of a motion to dismiss based upon subject matter jurisdiction. In May v. Consumer Adjustment Co., the consumer filed an FDCPA complaint is state...more

Hinshaw & Culbertson LLP

Second Circuit Affirms Denial of Class Certification in FDCPA Action for De Minimus Recovery

Gallego v. Northland Grp. Inc., No. 15-1666-CV, 2016 WL 697383 (2d Cir. Feb. 22, 2016) - Debtor brought a class action against a debt collector alleging violations of the Fair Debt Collection Practices Act (FDCPA) by...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Summer 2015

In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Spring 2014

This is the third edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Burr & Forman

Northern District Of Ohio Holds TCPA Claim Not Equitably Tolled And Barred By Statute Of Limitations

Burr & Forman on

In a case originally filed in 2007, and in which the Complaint was amended several times, Plaintiff asserted a TCPA claim, which was dismissed without prejudice for lack of subject matter jurisdiction. Other claims were also...more

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