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insideARM Weekly Recap- Week of March 25, 2024
There is never a shortage of news in the world of debt collection. At insideARM, we try to help you stay on top of the most crucial news by bringing...
Standing
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Michigan Federal Court Grants Summary Judgment to Creditor on Standing Grounds in Case Alleging FDCPA Violation for Failure to Remove Dispute Notification
On September 7, the U.S. District Court for the Eastern District of Michigan granted summary judgment in the defendant’s favor finding that the plaintiff had not suffered a concrete injury...
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7th Cir. Holds Hiring Attorney, Paying Appearance Fee, Emotional Distress Not Enough for Article III Standing
The U.S. Court of Appeals for the Seventh Circuit recently affirmed the dismissal of a debtor’s federal Fair Debt Collection Practices Act lawsuit for lack of Article III standing. In...
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The Misunderstanding of... Standing
Article III standing has been one of the most talked about and litigated issues since the Transunion decision was published in June of 2021. Though standing might be a factor...
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6th Cir. Holds Single Ringless Voicemail Enough for Article III Standing in TCPA Case
The U.S. Court of Appeals for the Sixth Circuit recently held that a single ringless voicemail is enough to confer standing to a plaintiff under the federal Telephone Consumer Protection...
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Legal Advisory Board Members Discuss Current Litigation Trends, State Issues, and Standing
Navigating the debt collection industry can be challenging as legal trends as well as state and federal regulations continue to evolve. Despite the challenge, staying up to date on these...
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7th Cir. Holds Allegations of ‘Confusion’ and ‘Alarm’ Not Enough for Article III Standing
The U.S. Court of Appeals for the Seventh Circuit recently affirmed the dismissal of a consumer’s lawsuit against a debt collector, holding that the consumer lacked Article III standing to...
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Washington Federal Court Rejects Hunstein; Holds Article III Standing Exists in FDCPA Letter-Vendor Claim
Nearly two years after the Supreme Court’s 2021 decision in Transunion v. Ramirez, courts and litigants continue to grapple with standing issues in Fair Debt Collection Practices Act (FDCPA) cases...
District Court Awards Consumer Fees; Says Actual Damages Do not Equal a Concrete Injury
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...
Eleventh Circuit Vacates Dismissal of FDCPA Case and Finds that Wasted Time and Emotional Distress Can Confer Article III Standing
In an unpublished, per curiam decision, the Eleventh Circuit found that wasted time and loss of sleep can confer Article III standing. See Toste v. The Beach Club at Fontainebleau...