Fair Debt Collection Practices Act

Listen to this article

7^th Circuit Court of Appeals

Case Name: Gabriel Brown v. Cach LLC

Case No.: 23-1308

Officials: Easterbrook, St. Eve, and Jackson-Akiwumi, Circuit Judges.

Focus: Fair Debt Collection Practices Act

Bank of America sold to CACH a consumer debt account that was in arrears. The Bank declined to make any representations about the accuracy of the $5,246.21 balance that it had calculated. CACH attempted to collect the debt without announcing that the Bank had not verified the balance.

Gabriel Brown (the asserted debtor) and her brother Ivan Brown (who pretended to be Gabriel during one phone call) then sued CACH under 15 U.S.C. §1692e, part of the Fair Debt Collection Practices Act (FDCPA). The Browns did not allege that they had paid a penny to CACH, suffered a lower credit rating, or incurred any other concrete loss. Instead, Gabriel filed an affidavit stating that she had “interrupted my self-employment” to “mull over my memories” and “scour my records” about the asserted debt. The case proceeded to summary judgment. But when the judge requested supplemental briefs with details, such as what Gabriel’s self-employment entailed and how any interruption led to a loss of income or other tangible detriment, she declined to provide additional information. The judge then dismissed the complaint for lack of standing to sue. 2023 U.S. Dist. LEXIS 29299 (N.D. Ill. Jan. 17, 2023).

Affirmed.

Decided 02/29/24

Full Text