At the end of February, the Ninth Circuit issued its decision in Six v. IQ Data International, where it reversed a district court’s dismissal of an FDCPA claim for lack of standing.
The plaintiff’s claim was based on a violation of 15 U.S.C. § 1692c(a)(2), which prohibits a debt collector from directly communicating with a consumer in connection with the collection of any debt when the collector knows that the consumer is represented by an attorney. The district court had held that the “receipt of one unwanted letter” was not sufficiently analogous to injuries recognized at common law, and thus that the plaintiff had not alleged an injury in fact. Applying Transunion, the Ninth Circuit reversed, finding the injury sufficiently analogous to the tort of intrusion upon seclusion–expressly rejecting a Seventh Circuit opinion that suggested otherwise.
The Plaintiff has filed a petition for panel rehearing or rehearing en banc based on an accompanying memorandum disposition of fee issues.
