Full title: Ryan Six, Plaintiff, v. IQ Data International Incorporated, Defendant.
Court: United States District Court, District of Arizona
Date published: May 18, 2023
Facts
Six sues IQ Data, alleging that the company violated the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., by sending him a collection letter after he informed IQ Data of his representation by counsel. The debt obligation stems from an allegedly unpaid invoice for Six’s breach of a residential lease. (Doc. 1 ¶ 9.) In June 2017, the debt obligation was placed with IQ Data, a professional collection agency providing services to the residential apartment industry. (Doc. 62 at 4.) On August 18, 2021, Six mailed a dispute letter to Equifax claiming that he had no recollection of the debt account and requesting documentation verifying the debt account information. (Doc. 63-1 at 21.) On that same day, Six’s prior counsel mailed a letter to IQ Data advising that he had retained counsel in connection with the subject debt and directing IQ Data to send all communication related to the subject debt to counsel. (Id. at 23.)
Issue
Court Judgment
Six has not alleged a concrete injury to satisfy Article III standing for his FDCPA claim. The Court is, therefore, without jurisdiction to adjudicate the merits of his claim.
Accordingly, IT IS ORDERED:
1. This case is dismissed for lack of subject matter jurisdiction.
2. Defendant IQ Data International Incorporated’s Motion for Summary Judgment (Doc. 62) is denied as moot.
3. Plaintiff Ryan Six’s Motion for Summary Judgment (Doc. 112) is denied as moot.
4. Plaintiff Ryan Six’s Motion to Strike Expert Disclosure or Exclude Expert (Doc. 68) is denied as moot.
5. The Clerk of Court is instructed to terminate this case.
6. The Court retains jurisdiction to resolve Plaintiff’s Motion for Attorneys’ Fees (Doc. 109), which remains pending and will be resolved in a separate order.
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