Fair Debt Collection: 11.15.3.3 Distinguishing Between Procedural and Substantive Violations
In framing an FDCPA claim, it may be helpful to present it as a violation of a substantive rather than a procedural right to the extent possible. In Spokeo, the Supreme Court drew a distinction between “procedural” rights and “substantive” rights. It characterized the rights involved in the case as procedural, and held that, at least in some circumstances, a “bare procedural violation” without some other concrete harm would not establish standing.1636