Frank v. Autovest, LLC, No. 19-7119 (D.C. Cir. 2020)Annotate this Case
Plaintiff filed a putative class action against Autovest and its debt-collection agency under the Fair Debt Collection Practices Act (FDCPA), alleging claims related to a prior collection action.
The DC Circuit vacated the district court's order granting summary judgment to defendants, holding that plaintiff lacked Article III standing because she did not suffer a concrete injury-in-fact traceable to the alleged false representations or alleged statements for requested contingency fees. Rather, plaintiff testified unequivocally that she neither took nor failed to take any action because of these statements. Nor did plaintiff testify that she was otherwise confused, misled, or harmed in any relevant way during the collection action by the contested affidavits. In this case, although plaintiff stated that Autovest's collection action caused her stress and inconvenience, she never connected those general harms to the affidavits. Therefore, the court remanded with instructions to dismiss the complaint.