Spuhler v. State Collection Service, Inc., No. 19-2630 (7th Cir. 2020)Annotate this Case
The Spuhlers incurred medical debts that State Collection sought to collect on behalf of the medical‐care provider. The collector sent the Spuhlers dunning letters that provided the debts’ sums but lacked a statement that interest would accrue on the debts. The Spuhlers, who sought to represent a class of consumers, filed a complaint under the Fair Debt Collection Practices (FDCPA), arguing that the omission of a statement that the debt amounts would increase from the accrual of interest made the letters’ account of the debts was misleading, 15 U.S.C. 1692e(2), 1692f. A magistrate granted the Spuhlers summary judgment and certified a class.
The Seventh Circuit vacated. At the summary judgment stage of litigation, to demonstrate Article III standing to sue for an alleged violation of the FDCPA, the plaintiffs must “‘set forth’ by affidavit or other evidence ‘specific facts’” demonstrating that they have suffered a concrete and particularized injury that is both fairly traceable to the challenged conduct and likely redressable by a judicial decision. The plaintiffs here did not carry that burden.