If you’ve been harassed by debt collectors, had errors on your credit report, or received unwanted robocalls, you may have heard the term “standing.”
Standing is one of the most important — and most misunderstood — concepts in consumer protection law.
Here’s what it means and how it applies under the FDCPA, FCRA, and TCPA.
What Is “Standing”?
In simple terms, standing is your legal right to bring a lawsuit in federal court.
To have standing, you must show:
- You suffered a concrete injury
- The injury was caused by the defendant
- The court can provide relief to fix it
The U.S. Supreme Court has made clear that a mere “technical violation” of a statute is not always enough. There must be a real, concrete harm — even if it’s intangible.
Standing Under the FDCPA (Fair Debt Collection Practices Act)
The FDCPA protects consumers from abusive, deceptive, and unfair debt collection practices.
Common violations include:
- Harassing or threatening calls
- Misrepresenting the amount owed
- Contacting third parties improperly
- Suing in the wrong venue
How Standing Works in FDCPA Cases
Courts often find standing where:
- You received misleading collection letters
- You experienced harassment or emotional distress
- You were confused or misled about your rights
- You paid money you did not owe
However, some courts have dismissed cases where a letter contained a technical error but did not cause confusion or harm.
The key question becomes:
Did the violation create a real risk of harm or actual harm?
Standing Under the FCRA (Fair Credit Reporting Act)
The FCRA governs credit reporting and accuracy.
Violations often include:
- Reporting inaccurate information
- Failing to investigate disputes
- Mixed credit files
- Improper access to credit reports
Standing in FCRA Cases
Standing is typically clear when:
- Inaccurate reporting lowered your credit score
- You were denied credit, housing, or employment
- You paid higher interest rates
- You suffered reputational harm
But courts sometimes dismiss claims when:
- The error was never disclosed to a third party
- There was no impact on credit decisions
- The consumer cannot show real-world consequences
In short: Inaccuracy alone is not always enough — there must be harm or a material risk of harm.
Standing Under the TCPA (Telephone Consumer Protection Act)
The TCPA regulates:
- Robocalls
- Autodialed calls
- Prerecorded messages
- Unwanted marketing texts
Standing in TCPA Cases
Courts generally recognize that:
- Unwanted robocalls are a concrete injury
- Repeated nuisance calls invade privacy
- Text message spam constitutes harm
Even a single unsolicited robocall can be sufficient for standing in many jurisdictions.
The injury here is often described as invasion of privacy and nuisance, which courts recognize as concrete harm.
Why Standing Matters
Standing determines whether your case even gets heard.
Companies frequently argue:
- “There was no real harm.”
- “This was just a technical violation.”
- “The plaintiff lacks standing.”
These arguments can end a case before it begins.
That’s why documenting:
- Emotional distress
- Financial impact
- Time spent fixing errors
- Credit denials
- Repeated nuisance communications
is critically important.
The Bottom Line
Under the FDCPA, FCRA, and TCPA:
- Not every violation automatically guarantees a viable lawsuit.
- Courts require a concrete injury, even if intangible.
- The stronger the real-world impact, the stronger the standing argument.
If you’re unsure whether what happened to you rises to the level of legal standing, it’s worth asking.
