The last few years have given us more than enough cases discussing Article III standing. Despite the ebb and flow of some of these standing decisions, a judge in the Eastern District of Wisconsin has decided the issue is now so clear in the Seventh Circuit that improperly attempting to remove a case is enough to warrant awarding attorney fees to a consumer.
Some history: over the last few years, we've learned what standing is. We've seen some big-name cases get dismissed for lack of it. Some debt collectors have argued in favor of dismissals, while others have argued against dismissing cases. We've seen judges ask whether it has all gone too far, and we have questioned whether any of this is good for the ARM industry.
It appears at least one judge in Wisconsin has had enough. In Clark v. Client Services, Inc., (Case No. 22-cv-1410, E.D. Wis. 2023), a consumer filed her complaint in state court. She chose state court to, in her words, proceed in the “fastest way possible” to obtain the $1,000.00 statutory award allowed under the Fair Debt Collection Practices Act (FDCPA).
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