Dissenting Judges Call FDCPA 'Largely Neutered' In 7th Circ.

By Celeste Bott (June 9, 2022, 5:25 PM EDT) — A group of Seventh Circuit judges said the court has made it too difficult to bring Fair Debt Collection Practices Act cases, dissenting from the full court’s decision to let stand a panel ruling that a debtor lacked standing in a class action against a collection agency because she only suffered emotional distress and anxiety.

Those harms are intangible but nevertheless real and the court’s findings “have restricted standing so sharply that we may be close to a tipping point, leaving at least the FDCPA largely neutered in the three states of the Seventh Circuit,” U.S. Circuit Judge David Hamilton wrote…

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