Dist. Ct. did not err in dismissing plaintiffs’ actions under Fair Debt Collection Practices Act (FDCPA), alleging that defendant’s dunning letter, which stated, in part, that “You want to be worthy of the faith put in you by your creditor,” and that “We are interested in you preserving a good credit rating with the above creditor,” contained false, deceptive or misleading statements. While Dist. Ct. found that said statements did not violate section 1692e or 1692f of FDCPA, Ct. of Appeals found that plaintiffs lacked Article III standing to bring instant actions, because: (1) both complaints failed to contain any allegation of harm or appreciable risk of harm arising from claimed statutory violations; and (2) plaintiffs only generally alleged that said statements were false, deceptive or misleading.
Federal 7th Circuit Court
Civil Court
Standing