Fair Debt Collection Practices Act

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7^th Circuit Court of Appeals

Case Name: Yvonne Mack v. Resurgent Capital Services, L.

Case No.: 21-2792

Officials: Rovner, Jackson‐Akiwumi, and Lee, Circuit Judges.

Focus: Fair Debt Collection Practices Act

Mack used a US Bank credit card to make household purchases. After she allegedly defaulted, LVNV purchased and Resurgent serviced the debt. Frontline was engaged to collect on the debt. In a letter, Frontline informed Mack that her account had been placed for collection and that she owed $7,179.87. Mack was uncertain about the amount and her obligations to LVNV, an entity she did not know. Within 30 days, Mack went to her library to type and print a validation request, then went to the post office where she paid $10 to send the letter. Mack did not receive a validation but received a letter from Resurgent, identifying LVNV as the “Current Owner,” and listing the balance of $7,179.87. Mack was “confused and alarmed” about who owned the debt. She returned to the library to type another validation request and mail it. Trips to the library and post office took her away from the family members who needed her assistance. Mack never received validation of the debt.
Mack filed a class action under the Fair Debt Collection Practices Act, 15 U.S.C. 1692. Mack appeals from the dismissal of her claims for lack of standing in this Fair Debt Collection Practices Act (“FDCPA”) case. See 15 U.S.C. § 1692 et seq. The district court concluded that Mack failed to demonstrate that she had suffered an injury in fact sufficient to support her standing to bring suit. But Mack adequately alleged an injury in fact, and supported her allegations with evidence that the defendants’ violation of the statute caused her to suffer monetary damages, albeit of modest size.

Reversed and Remanded.

Decided 06/07/23

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