Student Loan Collection Letter Violates FDCPA
Bieber, ex al v. Pioneer Credit Recovery, Inc. (EDVA Case No. 1:16-cv-804, January 11, 2017) This was a class action that stemmed out of a collection letter sent by Pioneer alleging various allegations of false representations, false implications, and that Pioneer used unfair and unconscionable means to collect a debt, all violations under the Fair Debt Collection Practices Act, 15 U.S.C. 1692e et seq. The Court first tackled the issue of whether or not the Plaintiff has standing to sue under Article III, an issue recently addressed by the Supreme Court in Spokeo, Inc. V. Robbins. To that end, the Court noted that a plaintiff cannot allege a bare procedural violation, divorced from any actual harm, and satisfy the injury-in-fact requirement of Article III. However, the Court pointed out that the Supreme Court also held that “the violation of a procedural right granted by statute can be sufficient in some…Read More
