In a case that was defendant by Dale Golden at Golden Scaz Gagain, a state court judge in Wisconsin has denied a plaintiff’s motion to certify a class action and dismissed a Fair Debt Collection Practices Act case because the plaintiff lacked standing to sue. Getting a dismissal in state court because a plaintiff did not suffer a concrete injury is a big win for the industry as it fights more suits being filed in state courts because of relaxed standing requirements.
A copy of the ruling in the case of Compton v. IC System can be accessed by clicking here.
Like with many state court opinions, this one is light on the details — background and analysis. What we do know is that the plaintiff fell behind on her cell phone bill and the account was placed with the defendant for collection. The defendant collection letters to the plaintiff, who filed suit, alleging the letters violated the FDCPA. How they allegedly violated them isn’t disclosed in the ruling. After filing the motion to certify the class, the defendant responded with an argument that the plaintiff lacked standing to sue because she had not suffered a concrete injury.
Judge Mitchell Metropulos, a Circuit Court judge with the State of Wisconsin, can take it from there. “The Court finds Plaintiff has failed to demonstrate she suffered a pecuniary harm as a result of receiving Defendant’s letters and judicial policy does not protect her interest in receiving truthful, non-misleading collection letters,” the judge wrote. “Because the Plaintiff lacks standing to pursue her individual claims against Defendant, the Court’s only recourse is to dismiss the case.”
