Dist. Ct. did not err in dismissing on Article III standing grounds plaintiff’s action under Fair Debt Collection Practice Act (FDCPA). In said action, plaintiff alleged that he incurred injury arising out of receipt of false, misleading and deceptive letter from defendants regarding whether defendants would seek statutory attorney’s fees in underlying state-court collection action, and that plaintiff lost sleep over attorney’s fee issue and hired attorney to ascertain actual amount owed and paid appearance fee in state-court action. Dist. Ct. could properly find that plaintiff lacked standing, where: (1) plaintiff’s decisions to hire attorney and to pay appearance fee are insufficient to establish standing; and (2) plaintiff’s lost sleep was not concrete harm that would support plaintiff’s standing. Also, plaintiff’s confusion as to attorney’s fees issue, which led to hiring of his attorney, was insufficient to establish his standing to bring instant lawsuit. (Dissent filed.)
Federal 7th Circuit Court
Civil Court
Fair Debt Collection Practices Act