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

August 05, 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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About
the author

Caren D. Enloe

Partner

Caren Enloe leads Smith Debnam’s consumer financial services litigation and compliance group. In her practice, she defends consumer financial service providers and members of the collection industry in state and federal court, as well as in regulatory matters involving a variety of consumer protection laws. Caren also advises fintech companies, law firms, and collection agencies regarding an array of consumer finance issues. Caren was named one of the “20 Most Powerful Women in Collections” by Collection Advisor in 2018. An active writer and speaker, Caren currently serves as chair of the Debt Collection Practices and Bankruptcy subcommittee for the American Bar Association’s Consumer Financial Services Committee.

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

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