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Jamie Cotter and Kersten Holzhueter Analyze FDCPA Standing Burdens in ACA International

April 7, 2021

Spencer Fane attorneys Jamie Cotter and Kersten Holzhueter recently wrote an article for ACA International covering how Spokeo Inc. v. Robins is being applied to Fair Debt Collection Practices Act (FDCPA) claims.

Titled “Confusion and Anxiety Fail to Satisfy a Plaintiff’s Burden Under the FDCPA,” the article explains how “confusion and annoyance” no longer satisfy a litigant’s burden to establish Article III standing in FDCPA claims. Jamie and Kersten analyze how cases across the country have applied Spokeo in the context of FDCPA claims.

“At the end of 2020, multiple 7th Circuit decisions held that plaintiffs lacked standing to assert FDCPA claims under the guidance set forth in Spokeo,” Jamie and Kersten noted. “The court explained that it must be reasonable to infer that a plaintiff ‘would have pursued a different course of action were it not for the statutory violation.’”

To read the full article, click here.