Valerie Thomas v. LVNV Funding, LLC
132 F.4th 992
7th Cir.2025Background
- Valerie Thomas received a notice from Resurgent claiming she owed $187, which she disputed by mail.
- Resurgent reported the debt to a credit agency (TransUnion) the day before they received her dispute, but waited 29 days to update TransUnion about the dispute.
- Thomas sued Resurgent under the Fair Debt Collection Practices Act (FDCPA), seeking statutory damages for the delayed dispute notification.
- The jury awarded Thomas $250 in statutory damages; no actual damages were awarded or proven.
- On appeal, Resurgent argued Thomas lacked standing because she suffered no injury from the delay.
- Procedural complications arose due to delayed judgment entry by the district court, risking Resurgent’s appellate rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does delayed dispute reporting entitle statutory damages if plaintiff suffered no actual injury? | Delay violates FDCPA and is actionable | No injury means no standing | No injury, no standing; case dismissed |
| Was evidence of injury required to support statutory damages under the FDCPA? | Statutory damages sufficient on their own | Statutory damages alone are insufficient | Actual injury evidence is required |
| Did Thomas provide any proof of actual harm from the delay in reporting the dispute? | Alleged multiple injuries (like insurance cost), but provided no proof | No evidence of actual harm | No evidence; thus no standing |
| Does Ewing v. Med-1 Solutions create automatic standing for delayed credit reporting? | Yes, as precedent for reputational/defamation injury | Ewing is distinguishable; injury not presumed | Ewing does not create categorical rule |
Key Cases Cited
- TransUnion LLC v. Ramirez, 594 U.S. 413 (Supreme Court holding that a statutory violation does not automatically confer standing)
- Spokeo, Inc. v. Robins, 578 U.S. 330 (Supreme Court clarifying the need for concrete injury-in-fact for standing)
- Brown v. CACH, LLC, 94 F.4th 665 (7th Cir. recent restatement that statutory damages alone do not confer standing)
- Baysal v. Midvale Indemnity Co., 78 F.4th 976 (7th Cir. discussing Article III standing in similar FDCPA context)
- Pierre v. Midland Credit Management, Inc., 29 F.4th 934 (7th Cir. standing analysis for intangible injuries)
- Casillas v. Madison Avenue Associates, Inc., 926 F.3d 329 (7th Cir., Barrett, J., emphasizing injury-in-fact in FDCPA cases)
- Freeman v. Ocwen Loan Servicing, LLC, 113 F.4th 701 (7th Cir. clarifying that Ewing does not categorically establish injury)
- Wood v. Security Credit Services, LLC, 126 F.4th 1303 (7th Cir. distinguishing when delay in dispute reporting constitutes injury)