Sean Kelly of Marks O’Neill’s New Jersey office scored a victory in obtaining summary judgment on behalf of a medical billing company in a putative class action. On behalf of the Class, Plaintiff claimed that our client’s written communications violated the FDCPA by inclusion of a code that was visible on the outside of its envelope. We argued that discovery demonstrated that the Plaintiff lacked standing, having suffered no concrete or actionable harm under the Supreme Court’s decision in Spokeo. We were also able to distinguish our client’s code from other markings that the Third Circuit found to violate the FDCPA. The District Court granted summary judgment, dismissing all claims.
August 21, 2019