What We Know

Business Entity is a “Person” and May Have Standing to Sue Under FDCPA

August 17, 2016 | by Caren D. Enloe

By holding that the term “person” may include artificial entities, the Sixth Circuit expanded the notion of statutory standing under the Fair Debt Collection Practices Act. The Sixth Circuit’s decision potentially opens the door to a new class of plaintiffs under a federal statutory scheme which was intended to protect individual consumers.

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Caren Enloe is a partner who concentrates her practice in consumer financial services litigation and compliance, bankruptcy, and commercial litigation with an emphasis on creditor’s rights. She has a deep understanding of the complex compliance environment surrounding the financial services industry and regularly advises financial service companies on licensing and compliance issues involving state and federal consumer protection and finance statutes. Caren is the author of a daily blog titled: Consumer Financial Services Litigation and Compliance where she posts timely and informative updates regarding the CFPB, FTC, and a host of topical litigation issues involving consumer protection law....LEARN MORE

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