Donovan v. FirstCredit, Inc., No. 20-3485 (6th Cir. 2020)Annotate this Case
Donovan received from FirstCredit a letter demanding payment of a purported medical debt. The letter's envelope had two transparent glassine windows on its face, taking up most of the left half of the envelope. Because the letter, when folded, is smaller than the envelope, the text visible through the windows depends in part on where the letter is sitting within the envelope. No matter how the letter is situated, Donovan’s name and address are always visible as is an empty checkbox followed by the phrase “Payment in full is enclosed.” Sometimes, a second empty checkbox followed by “I need to discuss this further. My phone number is _____,” is visible. Donovan alleged that the visibility of the checkboxes and the accompanying language created the risk that anyone who saw her mail would recognize that she was receiving mail from a debt collector, seeing relief under the Fair Debt Collection Practices Act, 15 U.S.C. 1692. The district court granted FirstCredit judgment.
The Sixth Circuit reversed. Donovan has standing. Her injury is “particularized” and “actual.” The letter that caused her injury was addressed and sent to Donovan specifically. The statute does not include a “benign language exception” and unambiguously prohibits the use of language or symbols on debt collectors’ envelopes, excepting language or symbols to ensure the successful delivery of the communication, the collector’s address, and the collector’s “business name,” if the name does not indicate the debt collection business.