Illinois Federal Judge Rules on FDCPA Violations and Injuries
A recent Illinois debt collection case concerning a debtor’s privacy resulted in a ruling for the debt collector. That case, Brewer v. The Law Offices of Mitchell D. Blum & Associates (2021), centered around a debt collector revealing a portion of a debtor’s account number in a mailing. The debtor argued that the debt collector violated the Fair Debt Collection Practices Act (FDCPA) by revealing private information about the debtor. A judge for the United States District Court in the Northern District of Illinois disagreed. Our Oak Park consumer protection lawyers want to tell you more about the case.
Facts of Brewer
In the recent case, the plaintiff, Tyrone Brewer, filed a claim against debt collectors who “sent him a debt collection letter with part of his account number showing through the envelope’s glassine address window.” According to Brewer, revealing the portion of his account number in the mailing violated the FDCPA.
The plaintiff cited a specific portion of the FDCPA that prohibits “[u]sing any language or symbols, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails.” In a previous case, Preston v. Midland Credit Management, Inc. (2020), the Seventh Circuit clarified this language, explaining that the FDCPA means that a debt collector “may not use any language or symbol on the envelope except for its business name or address, as long as the name does not indicate that he in the debt collection business.” In that case, the Seventh Circuit also clarified that printing the language “time sensitive document” on a debt collection envelope would violate the FDCPA.
However, the court in Brewer focused on the issue of the plaintiff’s injury rather than the fact that the debt collector may have violated the FDCPA.
Need for an Injury in Fact
In Brewer, the court focused on language from Seventh Circuit holdings that emphasize “a breach of the [FDCPA] does not, by itself, cause an injury in fact.” In so doing, the court emphasized that a violation of the FDCPA must also be alleged to have caused a “personal harm.” Indeed, the court in Brewer underscored that FDCPA violations that occur without injuring the plaintiff “in any concrete way, tangible or intangible” should be “dismissed for lack of standing” based on Seventh Circuit case law.
Although Tyrone Brewer argued that a partial reveal of his account number to others was “an actionable harm,” the court disagreed. The court focused on the fact that the plaintiff did not explain “how anyone could learn anything about him using the partial account number.” Accordingly, the court granted the defense’s motion to dismiss the case.
The case makes clear that an FDCPA violation alone is not enough. For a debtor or consumer to have a claim, an injury must accompany the FDCPA violation.
Contact an Oak Park Consumer Protection Lawyer
If you have questions about your rights under the FDCPA or as a consumer more generally, one of our experienced Oak Park consumer protection attorneys can assist you. Contact the Emerson Law Firm to have one of our lawyers assess your case.
See Related Blog Posts:
Inheritances and Chapter 13 Bankruptcy Cases
Supreme Court Will Not Reconsider Bankruptcy and Underwater Mortgages
Facts of Brewer
In the recent case, the plaintiff, Tyrone Brewer, filed a claim against debt collectors who “sent him a debt collection letter with part of his account number showing through the envelope’s glassine address window.” According to Brewer, revealing the portion of his account number in the mailing violated the FDCPA.
The plaintiff cited a specific portion of the FDCPA that prohibits “[u]sing any language or symbols, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails.” In a previous case, Preston v. Midland Credit Management, Inc. (2020), the Seventh Circuit clarified this language, explaining that the FDCPA means that a debt collector “may not use any language or symbol on the envelope except for its business name or address, as long as the name does not indicate that he in the debt collection business.” In that case, the Seventh Circuit also clarified that printing the language “time sensitive document” on a debt collection envelope would violate the FDCPA.
However, the court in Brewer focused on the issue of the plaintiff’s injury rather than the fact that the debt collector may have violated the FDCPA.
Need for an Injury in Fact
In Brewer, the court focused on language from Seventh Circuit holdings that emphasize “a breach of the [FDCPA] does not, by itself, cause an injury in fact.” In so doing, the court emphasized that a violation of the FDCPA must also be alleged to have caused a “personal harm.” Indeed, the court in Brewer underscored that FDCPA violations that occur without injuring the plaintiff “in any concrete way, tangible or intangible” should be “dismissed for lack of standing” based on Seventh Circuit case law.
Although Tyrone Brewer argued that a partial reveal of his account number to others was “an actionable harm,” the court disagreed. The court focused on the fact that the plaintiff did not explain “how anyone could learn anything about him using the partial account number.” Accordingly, the court granted the defense’s motion to dismiss the case.
The case makes clear that an FDCPA violation alone is not enough. For a debtor or consumer to have a claim, an injury must accompany the FDCPA violation.
Contact an Oak Park Consumer Protection Lawyer
If you have questions about your rights under the FDCPA or as a consumer more generally, one of our experienced Oak Park consumer protection attorneys can assist you. Contact the Emerson Law Firm to have one of our lawyers assess your case.
See Related Blog Posts:
Inheritances and Chapter 13 Bankruptcy Cases
Supreme Court Will Not Reconsider Bankruptcy and Underwater Mortgages
Comments
Post a Comment