Sixth Circuit Holds Consumer Lacked Standing To Pursue “Meaningful Attorney Involvement” Claim

If a law firm sends a letter seeking to collect the correct amount, from the correct consumer, on behalf of the correct creditor, can the consumer still sue, claiming the firm violated the FDCPA because no attorney was “meaningfully involved” in preparing the letter?  The Sixth Circuit recently held the answer is “no” in Buchholz v. Meyer Njus Tanick, P.A., _F.3d_, 2020 WL 35431  (6th Cir. 2020), because the consumer suffered no “concrete injury” as a result of the letter and therefore lacked standing to pursue the claim in federal court.  The Buchholz decision should provide powerful support for creditors' rights attorneys who are fighting against “meaningful involvement” claims.

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District Court Stays Action Pending FCC and 11th Circuit Rulings

For a case that “turns in part on what constitutes an automatic telephone dialing system (“ATDS”) under the TCPA” “to conserve the parties’ and judicial resources” the Honorable Judge Cecilia M. Altonaga, for the Southern District of Florida has stayed a case, pending FCC and 11th Circuit rulings on the definition of an ATDS, in Barnes v. Cs Mktg. LLC, 2020 U.S. Dist. LEXIS 1054. This may spark another historic avenue for the defense to stave off ATDS claims.

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