Plaintiff Can Sue As Consumer Under FDCPA Despite Claiming Credit Card Not His

The U.S. Court of Appeals for the Seventh Circuit has ruled that a plaintiff qualified as a “consumer” who can file a lawsuit for alleged violations of the Fair Debt Collection Practices Act (FDCPA) by a debt collector attempting to collect a debt the plaintiff claimed he did not owe. In light of the court’s expansive reading of who is a “consumer,” additional grounds for dismissal beyond the plaintiff’s status as a “consumer” may be necessary for a debt collector to defeat an FDCPA lawsuit brought by a plaintiff who claims not to owe the debt in question. As a result, the complaints filed in such lawsuits should be thoroughly reviewed by legal counsel to identify other possible grounds for dismissal.