N.D. Ill.: Claim Splitting Barred by FDCPA Even if Same Claim Occurred on to Two Separate, Unique Accounts

The legal doctrine of res judicata precludes a plaintiff from relitigating an identical claim based on the same set of facts against the same defendant when the first claim was already decided on the merits. In the context of the Fair Debt Collection Practices Act (FDCPA), a question recently arose in the Northern District of Illinois: whether res judicata applies to a second lawsuit filed by the same plaintiff against the same agency under a similar set of facts if the two suits involved two separate accounts placed with the agency.

According to the court in Horia v. Nationwide Credit and Collection, Inc., No. 17-cv-08355 (Jul. 31, 2018 N.D. Ill.), this particular situation triggers res judicata and qualifies as claim splitting by consumers.

Factual and Procedural Background