District Court denies motion to dismiss FDCPA statute of limitations claims
On March 5, the U.S. District Court for the Northern District of Illinois denied defendants’ motion to dismiss a class action lawsuit alleging the defendants violated the FDCPA by failing to mention that payment on a settlement offer would restart the statute of limitations on the underlying “legally unenforceable debt.” According to the opinion, the defendants sent the plaintiff a letter outlining three discount program payment options, with a post-script stating that “[d]ue to the age of this debt, we will not sue you for it or report payment or non-payment of it to a credit bureau.” However, the plaintiff claimed that the letter’s failure to disclose that the statute of limitations could be restarted if a payment was made was a concrete information injury sufficient for Article III standing. The court rejected the defendants’ argument that the plaintiff alleged only a bare statutory violation and failed to identify a particularized injury in fact. Instead, the court ruled that even though the plaintiff has a complete defense because the statute of limitations had expired, the alleged injury is clear because the letter “seems to bait the consumer into paying money on a time-barred debt, either by settling for sixty cents on the dollar . . . or by unwittingly renewing the statute of limitations by making a new payment on the debt.”