The Seventh Circuit rejected emotional distress and other intangible injuries as a basis for Article III standing in a class action seeking statutory damages under the Fair Debt Collection Practices Act (FDCPA). In Pierre v. Midland Credit Management, Inc., Nos. 19-2993 & 19-3109, 2022 WL 986441 (7th Cir. Apr. 1, 2022), relying on the recent Supreme Court decision in TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021), the Seventh Circuit vacated and remanded with instructions to dismiss for lack of subject-matter jurisdiction. It is just the latest in a growing number of appellate court decisions addressing Article III standing in class actions based on statutory damages claims.
Factual and Procedural Background
Plaintiff Renetrice Pierre accumulated and defaulted on a credit card account. Years later, in 2015, defendant Midland Credit Management, Inc. (Midland Credit) sent Pierre a letter seeking payment of the debt in its role as a collector for Midland Funding ' which had purchased Pierre's debt. The letter stated she was approved for a discount program that would save her money, and included an expiration date of 30 days. The debt was so old that the statute of limitations had run ' Midland Credit, therefore, could ask for payment but could not sue for payment. Its letter concluded, 'The law limits how long...
