• No FDCPA Claim Based on State Discovery Violations
  • August 10, 2017 | Authors: Robert A. Gaumont; Lawrence D. Coppel; Marjorie A. Corwin; Christopher R. Rahl
  • Law Firm: Gordon Feinblatt LLC - Baltimore Office
  • On April 20, 2017, the United States Court of Appeals for the Sixth Circuit held that a plaintiff lacked standing to pursue a claim against a debt collection agency under the Fair Debt Collection Practices Act (FDCPA) when the claims related to alleged discovery violations in a collection action. Specifically, the debt collection agency served the plaintiff with requests for admission and had impermissibly required that the responses be notarized and also failed to provide electronic copies of the discovery in violation of state discovery rules. Relying on the United States Supreme Court’s 2016 decision in Spokeo v. Robins (available here), the Sixth Circuit held that while the FDCPA did allow for claims based on violations of the FDCPA itself, it does not apply to state procedural violations that are not, in themselves, violations of the FDCPA. In those instances, it was unlikely that the receiving of false information concerning discovery created the type of “concrete harm” that the FDCPA was designed to prevent. Please contact Robert Gaumont for more information related to this topic.