FDCPA Plaintiff Lacks Standing to Bring Class Action for Validation Letter

In Pozzuolo v. Portfolio Recovery Associates, LLC, the Eastern District of Pennsylvania recently dismissed the named plaintiff of a putative class action for lack of standing to bring suit. Pozzuolo sought to represent a class of individuals who received validation notice letters from Portfolio Recovery Associates, LLC (PRA), which arguably ran afoul of the Fair Debt Collection Pracitces Act (FDCPA)—and more specifically 15 U.S.C. § 1692g—by stating disputes could be made telephonically when the FDCPA requires them in writing. PRA moved to dismiss for lack of subject matter jurisdiction, arguing Pozzuolo lacked standing because he had not suffered concrete injury. In fact, his deposition testimony shows he “merely skimmed the letter and had no intention to dispute the debt.” PRA also noted that it treats telephonic and written disputes the same. Moreover, PRA stressed that Pozzuolo’s allegations, even if all true, at best state a mere procedural violation of § 1692g(a) occurred. Ultimately, the Court agreed.