Bazile v. Finance System of Green Bay, Inc.

Plaintiff-debtor brought action under Fair Debt Collection Practices Act (FDCPA), alleging that defendant-debt collector violated FDCPA by sending dunning letter that provided total balance of debt, but failed to indicate whether said debt might increase with accrual of interest. In its motion to dismiss, defendant asserted among other things that plaintiff lacked Article III standing because no interest actually accrued on plaintiff’s debt, and thus plaintiff lacked any actual injury arising out of alleged violation. While Dist. Ct. dismissed case on other grounds, remand was required to resolve standing issue, where plaintiff asserted her injury arose out of accrual of interest, and where defendant disputed truthfulness of plaintiff’s claim that she incurred injury due to defendant’s withholding of required information about interest on debt. As such, Dist. Ct. must hold evidentiary hearing to resolve factual dispute concerning plaintiff’s standing to proceed on claim.