Justia Consumer Law Opinion SummariesArticles Posted in US Court of Appeals for the District of Columbia Circuit
Frank v. Autovest, LLC
Plaintiff filed a putative class action against Autovest and its debt-collection agency under the Fair Debt Collection Practices Act (FDCPA), alleging claims related to a prior collection action.The DC Circuit vacated the district court's order granting summary judgment to defendants, holding that plaintiff lacked Article III standing because she did not suffer a concrete injury-in-fact traceable to the alleged false representations or alleged statements for requested contingency fees. Rather, plaintiff testified unequivocally that she neither took nor failed to take any action because of these statements. Nor did plaintiff testify that she was otherwise confused, misled, or harmed in any relevant way during the collection action by the contested affidavits. In this case, although plaintiff stated that Autovest's collection action caused her stress and inconvenience, she never connected those general harms to the affidavits. Therefore, the court remanded with instructions to dismiss the complaint. View "Frank v. Autovest, LLC" on Justia Law
Jeffries v. Volume Services America, Inc.
The Fair and Accurate Credit Transactions Act of 2003's truncation requirement imposes on the merchant the duty not to print "more than the last 5 digits of the card number or the expiration date." The duty applies at the "point of the sale or transaction" and a violation occurs regardless whether a plaintiff ever becomes the victim of any crime. The interest protected by FACTA—avoiding an increased risk of identity theft—is concrete.The DC Circuit reversed the district court's grant of Centerplate's motion to dismiss plaintiff's action alleging that Centerplate violated FACTA. In this case, plaintiff made a credit card purchase at a Centerplate location and received a receipt that displayed her sixteen-digit credit card number and credit card expiration date. Although not every FACTA violation creates a concrete injury in fact, the court concluded that the alleged violation of plaintiff's right does so. The court held that plaintiff has pleaded enough facts to establish standing, because she was not able to use her credit card without incurring an increased risk of identity theft and, as a result, suffered a concrete injury in fact. View "Jeffries v. Volume Services America, Inc." on Justia Law