District Court Doubles Down on Romero and Again Dismisses TCPA Claim for Lack of Article III Standing

This article originally appeared on the Consumer Financial Services Legal Update. It is republished with permission from the author.

She may be the only judge in the country still actively dismissing TCPA claims for lack of Article III standing following Spokeo, but Judge Cathy Ann Bencivengo demonstrated last month that she is not going to change her views on the subject anytime soon.

In Selby v. Ocwen Loan Servicing, Case No.: 3:17-CV-973-CAB-BLM, 2017 U.S. Dist. LEXIS 189995 (S.D. Cal. Nov. 16, 2017), Judge Bencivengo was again asked by a Defendant to dismiss TCPA claims on the grounds that the Court lacked Article III standing to hear the dispute because the Plaintiff had not suffered any “actual” or “concrete” harm  as a result of the errant phone calls. As she has done twice before in the last year, Judge Bencivengo obliged.

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