Mere Receipt Of A Collection Letter – Without More – Does Not Give Standing to Sue
Consumer Financial Services Alert
Hinshaw Alert | 1 min read
Jan 9, 2017
The District of New Jersey, in Benali v. AFNI, granted summary judgment to creditor on Spokeo grounds, denied consumer’s motion for summary judgment and denied consumer’s class certification as moot in a claim involving a convenience fee in violation of the Fair Debt Collection Practices Act. Focusing on consumer’s admission that he never owed the underlying debt and lacked contractual privity with the creditor, the court held that the consumer did not suffer a concrete harm sufficient to confer Article III standing. Specifically, the court noted that mere receipt of a collection letter in these circumstances “is just another way of saying that a bare procedural violation is itself a concrete harm – a principle explicitly rejected by the Supreme Court.” Benali, No. 15-3605, *6. As courts continue to grapple with the meaning of Spokeo in cases alleging statutory violations, Benali adds another measure of clarity for the creditor defense bar.
For more information, please contact: Concepcion A. Montoya.
This alert has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.
Featured Insights

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 16, 2026
Key Takeaways from the 2026 ACVL Conference for the Auto Finance Industry

Press Release
Oct 16, 2026
Nia Binns Re-Appointed Health and Wellness Committee Co-Chair of the BWLA

In The News
Oct 16, 2026
Jennifer Driscoll Explains How Bond Request Spurred AG Settlement in Paramount Merger

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 15, 2026
OCC Releases Debanking Report on Largest Banks; CFPB Announces Follow-On Initiative

In The News
Oct 14, 2026
Hinshaw Attorneys Contribute Rhode Island Chapter in ABA Legal Malpractice Survey

Privacy, Cyber & AI Decoded Alert
Oct 13, 2026
California’s SB 690 Removes Some CIPA Claims, But Privacy and Legal Risks Remain

Press Release
Oct 12, 2026
Two Hinshaw Partners Reappointed to the NYC Bar Association’s Consumer Affairs Committee







