Spuhler et al v. State Collection Service Inc

Filing 166

ORDER signed by Magistrate Judge Nancy Joseph. IT IS HEREBY ORDERED that the judgment entered in favor of the plaintiffs is VACATED. As the plaintiffs lack standing to bring their claims, the plaintiffs' claims are dismissed for lack of subject-matter jurisdiction (cc: all counsel)(asc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
KYLE SPUHLER and NICHOLE SPUHLER,
on behalf of themselves and all others
similarly situated,
Plaintiffs,
v.

Case No. 16-CV-1149

STATE COLLECTION SERVICES, INC.,
Defendant.
ORDER
On July 31, 2019, judgment was entered in favor of the plaintiffs and against the
defendant as to the plaintiffs’ 15 U.S.C. § 1692e and § 1692f claim that the collection letter
was misleading because it failed to provide notice of accruing interest. State Collection
appealed, and the United States Court of Appeals for the Seventh Circuit found that the
plaintiffs failed to show that they suffered a concrete injury from the challenged conduct;
thus, they lacked standing to sue based on the letters’ lack of a statement about interest.
(Docket # 165.) The Seventh Circuit vacated the judgment entered in favor of the plaintiffs
and remanded this case for further proceedings consistent with its opinion.
Based upon the decision of the Seventh Circuit vacating this Court’s judgment dated
July 31, 2019 entering judgment in favor of the plaintiffs, IT IS HEREBY ORDERED that
the judgment entered in favor of the plaintiffs is VACATED. As the plaintiffs lack standing
to bring their claims, the plaintiffs’ claims are dismissed for lack of subject-matter
jurisdiction. The Clerk of Court will enter judgment accordingly.

Case 2:16-cv-01149-NJ Filed 01/07/21 Page 1 of 2 Document 166

Dated at Milwaukee, Wisconsin this 7th day of January, 2021.
BY
BY THE COURT
T

___________________________
___________________________
_ __
JOSEPH
NANCY JOSEPH
P
United States Magistrate Judge

2
Case 2:16-cv-01149-NJ Filed 01/07/21 Page 2 of 2 Document 166