Lloyd McDaniel

Full title: KAREN BEMERO, individually and on behalf of all others similarly situated, Plaintiff, v. LLOYD & McDaniel, PLC, Defendant.

Court: United States District Court, Northern District of Illinois

Date published: Apr 28, 2023

Facts

Karen Bemero has sued Lloyd & McDaniel PLC on claims arising from a debt collection letter sent by L&M. Bemero alleges that L&M violated the Fair Debt Collection Practices Act by sending an undated collection letter that she contends was confusing due to the absence of a date. Bemero seeks to represent a class of similarly situated persons. L&M has moved to dismiss Bemero’s claim because she lacks standing under Article III of the Constitution and for failure to state a claim upon which relief may be granted.

Issues

Decision

For the reasons stated above, the Court grants the defendant’s motion to dismiss the plaintiff’s complaint for lack of standing [4]. Unless the plaintiff files, by May 15, 2023, a proposed amended complaint that states a viable claim over which the Court has subject matter jurisdiction, the Court will enter judgment against her. The case is set for a telephonic status hearing on May 22, 2023, at 8:50 a.m., using call-in number 888684-8852, access code 746-1053. The Court reserves the right to vacate the status hearing if it determines it to be unnecessary.

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