Seventh Circuit Reverses And Remands FDCPA Claim For Lack Of Standing

• Published date: 24 September 2021
• Law Firm: Riker Danzig Scherer Hyland & Perretti
• Author: Mr Michael O'Donnell, Desiree McDonald and Kevin Hakansson

The United States Court of Appeals for the Seventh Circuit recently reversed and remanded a plaintiff's successful summary judgment motion for violations of the Fair Debt Collection Practices Act (the "FDCPA"). SeeWadsworth v. Kross, Lieberman & Stone, Inc., 2021 WL 3877930 (7th Cir. Aug. 31, 2021). In the case, plaintiff Audrey Wadsworth had been hired by Pharmaceutical Research Associates, Inc. ("PRA"). The job offer included a signing bonus - $3,750 payable after 30 days of employment, followed by another $3,750 payable after 180 days of employment. But, if Wadsworth voluntarily ended her employment or PRA fired her for cause within 18 months of the second payment, she was obligated to repay the full bonus. In her employment agreement, Wadsworth agreed to promptly reimburse PRA for any amounts owed as of the final date of her employment. Wadsworth collected...