Publications

Casillas v. Madison Avenue Associates, Inc.

Federal 7th Circuit Court
Civil Court
Fair Debt Collection Practices Act
Citation
Case Number: 
No. 17-3162
Decision Date: 
June 4, 2019
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed

Dist. Ct. did not err in dismissing for lack of standing plaintiff-debtor’s class action alleging that defendant-debt collector violated sections 1692g(a)(4) and (5) of Fair Debt Collection Practices Act by neglecting to inform her that any notification that disputed debt and that any request for name and address of original creditor must be made in writing. Plaintiff lacked standing to pursue instant claim, where she failed to allege that she tried to dispute her debt or verify her original creditor without submitting written requests, and where instant bare allegation of procedural violation without any allegation of concrete harm failed to satisfy injury-in-fact requirement to establish federal jurisdiction. Ct. rejected plaintiff’s action that she had standing simply because defendant had failed to provide her with all information required under sections 1692g(a)(4), (5). (Dissent filed.)