David Schultz Analyzes in ARM Compliance Digest: Judge Dismisses FDCPA Case Over Inadvertent Voicemail For Lack of Standing
In The News | 1 min read
Nov 1, 2021
In the November 1, 2021 edition of the ARM Compliance Digest, Hinshaw partner David Schultz reports on a case in which a debt collector was sued for violating the Fair Debt Collection Practices Act by inadvertently leaving a voicemail that lasted for a few seconds:
When we discuss “ticky tacky” FDCPA cases it usually is in the context of a letter case. Santiago v Hunter Warfield is an exception, involving a four or five second errant voice message. The judge held that there was no Article III injury in fact for a collector that mistakenly hummed a couple words from a song while not realizing a message was being left. Interestingly, the judge tersely added that even if there was an injury, he would grant summary judgment for the collector because there was no violation and based on the bona fide error defense.
It is a bit hard to believe that the errant message drew a 1692d, e and f lawsuit. Fortunately, this is another good example of a court applying a common sense approach and dismissing a case based on weak facts.
Read the full November 1, 2021 edition of the AccountsRecovery.net Compliance Digest.
Related People
Related Locations
Featured Insights

In The News
Oct 23, 2026
Michael Dowell Discusses Potential Impact of Proposition 44 on California Community Clinics

In The News
Oct 21, 2026
Scott Seaman Says Walmart Ruling is an "Aberration" in the Opioid Insurance Battle

Event
October 21 – 23, 2026
D.L. Morriss Presents on International Banking Litigation and AI Regulation

Press Release
Oct 20, 2026
Seasoned Litigator Joins Hinshaw's Aviation and Aerospace Team in Chicago

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 19, 2026
Refile, Repeat: Ohio’s Savings Statute Allows for Unlimited Bites of a Time-Barred Claim

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




