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DS News: Inconsistency in the Courts concerning RESPA & FDCPA

Livinglies's Weblog

Inconsistency in the Courts

http://www.dsnews.com/daily-dose/05-29-2017/inconsistency-in-the-courts?utm_content=bufferf5d7f&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

Equal justice under the law. Carved across the front of the Supreme Court building in Washington, D.C., these words succinctly yet completely convey the duty of the U.S. Supreme Court. Its decisions, however, are then interpreted and applied by the lower federal courts. What happens when those federal courts apply a Supreme Court ruling quite differently depending on the claim? Inconsistency in the courts can certainly leave questions in its wake.

Defining Concrete

In Spokeo v. Robins, 136 S. Ct. 1540 (2016), the U.S. Supreme Court held that alleging a bare violation of a statute will no longer suffice to establish Article III standing. Even if the defendant violated a statute that provides a statutory penalty, a plaintiff will still need to show particularized and concrete harm in order to bring an action in federal court. 

But the Supreme Court left the task of figuring…

View original post 1,414 more words

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