5th Cir. Dismisses FDCPA Case on Standing Grounds in Class Cert. Appeal

The U.S. Court of Appeals for the Fifth Circuit recently reversed the class certification order of a trial court, finding sua sponte that the plaintiff lacked standing to bring a claim against a debt collection law firm under the federal Fair Debt Collection Practices Act (FDCPA).

In so ruling, the Fifth Circuit held that the plaintiff failed to establish that the law firm’s debt collection letter inflicted an injury with a “close relationship to a harm traditionally recognized as providing a basis for a lawsuit in American courts.” Without this showing, the Court held that the plaintiff could not establish the first element of standing: that she suffered a concrete harm.

A copy of the opinion in Perez v. McCreary, Veselka, Bragg is available at:  Link to Opinion.

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