· 9/5/2017
Anthony Henson v. Usdc-Caoak
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- standing established where failure to provide required disclosures placed debtor at “distinct disadvantage” in collection action against her
- “In light of Casillas, an FDCPA plaintiff should include an allegation of concrete harm in his complaint.”
- “We therefore hold that a debt collector’s message must at least imply the existence of a debt to meet the Act’s definition of ‘communication.’” (emphasis in original)
- “[W]hile Congress has the power to define intangible harms as legal injuries for which a plaintiff can seek relief—including violations of the FDCPA—it must operate within the confines of Article III.” (internal quotation marks omitted)
- plaintiff suffered actual harm from debt collector’s failure to make FDCPA disclosures because existing debt collector’s state collection action would have been frozen in its tracks if plaintiff had disputed debt or demanded verification as provided in FDCPA
- omitted notice of rights under FDCPA
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.