Thursday, September 9, 2021
The U.S. Supreme Court’s recent TransUnion v. Ramirez decision on Article III continuing was discussed at breadth and activated by the Tenth Circuit Cloister of Appeals in Lupia v. Medicredit, Inc., — F. 4th —, 2021 WL 3627103 (Aug. 17, 2021). Although Lupia involves the appliance of the Fair Debt Accumulating Practices Act’s (“FDCPA”) bona fide absurdity defense, it is important, for this blog’s purposes, because of its appliance of TransUnion v. Ramirez in absolute Plaintiff had continuing based on the cancellation of a distinct buzz call.
Medicredit, Inc. (“Defendant”) was retained to aggregate an contributed debt allegedly owed by Plaintiff Elizabeth Lupia (“Plaintiff”) for medical services. After accepting accord from Defendant ambitious payment, Plaintiff beatific a letter against the debt and requested that Defendant cease communications. There was no altercation that Defendant accustomed the letter on May 7, 2018, but did not action it until May 10, 2018. Unfortunately for Defendant, it placed a debt accumulating alarm on May 8, 2018, the day afterwards it accustomed the Plaintiff’s cease and abandon letter. The Plaintiff asserted a affirmation beneath the FDCPA.
The Tenth Circuit aboriginal addressed Plaintiff’s standing. Defendant argued Plaintiff did not ache any absolute abuse because Plaintiff’s complaint was based on the cancellation of a distinct buzz call. The Tenth Circuit began its assay with the U.S. Supreme Court’s accommodation in Spokeo, Inc. v. Robins and anon focused its absorption on the “concrete” requirement. Citing abundantly to TransUnion v. Ramirez, the Tenth Circuit assured that Plaintiff’s abrasion was abundantly accurate to advise standing.
In extensive this decision, the cloister acclaimed both Spokeo and Ramirez required it to attending to history and the acumen of Congress in authoritative this determination. Beginning with a actual altercation and afterward the advice provided by Ramirez, the Tenth Circuit assured Plaintiff’s claims were agnate to the abomination of “intrusion aloft seclusion.” The cloister apace alone Defendant’s altercation that a distinct buzz alarm was not abundant to acceleration to an actionable intrusion, remarking, “Though a distinct buzz alarm may not intrude to the amount appropriate at accepted law, that buzz alarm poses the aforementioned affectionate of abuse accustomed at accepted law – an exceptionable advance into a plaintiff’s accord and quiet.” Id. at *5.
As to the “judgment of Congress,” the Tenth Circuit recognized Ramirez’s instructions that Congress cannot “simply achieve an abrasion into existence.” Id. In the court’s view, Plaintiff was not relying on a bald procedural violation. Rather, Plaintiff’s claims had “roots in abiding common-law tradition.” Id. at *6.
The butt of the assessment provides a absolute altercation of the bona fide absurdity aegis beneath the FDCPA. Ultimately, the Tenth Circuit alone Defendant’s
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