Fair Debt Collection Practices Act

By: WISCONSIN LAW JOURNAL STAFF//May 2, 2023//

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7^th Circuit Court of Appeals

Case Name: Kenneth Pucillo v. National Credit Systems, Inco

Case No.: 21-3131

Officials: Brennan, Kirsch, and Lee, Circuit Judges.

Focus: Fair Debt Collection Practices Act

Pucillo, an Indiana resident who formerly used the last name Lock, had previously leased an apartment with Main Street Renewal LLC (Main Street). He filed for Chapter 7 bankruptcy on May 30, 2017, and listed as a debt past‐due rent he allegedly owed Main Street. The bankruptcy court granted him a discharge on September 19, 2017, including of any debt to Main Street.

Pucillo sued National Credit Systems, Inc., alleging that the company violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., when it sent him two collection letters about a debt discharged in bankruptcy. The district court dismissed the complaint, ruling that Pucillo lacked Article III standing. Because National Credit’s communications did not cause Pucillo any concrete injury.

Affirmed

Decided 04/26/23

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