Bazile v. Finance System of Green Bay, Inc., No. 19-1298 (7th Cir. 2020)Annotate this Case
Finance sent Bazile a letter seeking to collect medical debts. The dunning letter stated the date (September 19, 2017) and the total balance of the debt ($92.23), without indicating whether that amount may increase with the accrual of interest. Bazile filed suit, alleging that the letter’s exclusion of information concerning the accrual of interest was a violation of the Fair Debt Collection Practices Act (FDCPA) because the letter was misleading and did not provide “the amount of the debt,” 15 U.S.C. 1692g(a)(1), 1692e. The district court concluded that Bazile had Article III standing.
The Seventh Circuit remanded for findings of fact. The complaint may survive dismissal as a matter of pleading but that’s not enough for the district court to decide the merits of the action. While Bazile’s allegations support an inference that interest was accruing on the debt, the defendant asserted that interest was not accruing and questioned whether the letter’s omission of information about interest affected Bazile’s response to the correspondence or to the debt. Facts necessary for standing have been called into doubt, requiring further inquiry into whether the court has subject‐matter jurisdiction, requiring an evidentiary hearing on the defendant’s motion to dismiss.