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Bush v. Optio Solutions LLC

'Mailing Vendor' Theory Not Viable; Bankruptcy Petition Made Information About Debt Public

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MEMORANDUM & ORDER In this FDCPA action, plaintiff has moved to lift the automatic bankruptcy stay to permit the action to proceed, which defendant does not contest. Additionally, the Court has received responses to its Show Cause Order of June 29, 2021 requiring plaintiff to demonstrate that she “suffered a concrete harm that qualifies as an injury in fact” in light of the Supreme Court’s recent decision in TransUnion LLC v. Ramirez, 141 S. Ct. 2190, 2209 (2021). Because plaintiff cannot demonstrate such a concrete injury, the case is dismissed. Background As in many of the boilerplate complaints filed in similar matters, the initial complaint sets forth some general legal principles applicable to FDCPA claims. Docket Entry (“DE”)1 

1-8. All of this surplusage1 — including references to the “least sophisticated consumer test”2 — are intended to help identify statutory violations, but have no bearing on the demonstration of injury. Factually, the plaintiff alleges that an “alleged debt was transferred to Defendant for collection [at a time at which] the alleged Debt was in default.” Id.

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