Smith v. Greystone Alliance LLC, No. 14-1758 (7th Cir. 2014)
Annotate this CaseSmith sued Greystone, a debt collector, alleging violation of the Fair Debt Collection Practices Act, 15 U.S.C. 1692–92p, and seeking statutory damages and compensatory damages for emotional distress. The district judge certified it as a class action, but the suit was transferred and the new judge decertified the class. Another judge dismissed, ruling that it had been moot since November 2009, when Greystone offered Smith $1,500 plus costs and attorneys’ fees. The Seventh Circuit vacated. A controversy exists when the plaintiff wants more, or different, relief than the defendant is willing to provide. The district judge decided that Smith’s compensatory damages could not exceed $500, but, while an excessive demand may lead to sanctions for frivolous litigation, it does not diminish the court’s jurisdiction. A court must resolve the merits unless the defendant satisfies the plaintiff’s demand. An offer that the defendant or the judge believes sufficient, but which does not satisfy the plaintiff’s demand, does not justify dismissal.
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