Lyshe v. Levy

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Appellees brought a collection action against Lyshe and served Lyshe with discovery requests. They did not send a separate electronic copy, but instructed Lyshe to contact them if he wanted an electronic copy. Requests for admission required that Lyshe verify his responses, included a blank notary block, and provided that any matter would be deemed admitted unless Lyshe made a sworn statement in compliance with the Ohio Rules of Civil Procedure. Lyshe sued, alleging violation of the Fair Debt Collection Practices Act (FDCPA) by failing to provide electronic discovery without prompting and requiring that the responses to the requests for admission be sworn and notarized. The district court concluded that it lacked subject matter jurisdiction and dismissed the case, reasoning that Lyshe did not plead any injury in connection with the alleged violations of the state rules. Appellees did not violate the Ohio Rules of Civil Procedure by offering to send electronic copies of the discovery only upon Lyshe’s request. Regarding alleged errors in the requests for admissions, the court reasoned that Lyshe failed to allege that he was misled or felt compelled to make a sworn verification or that he even responded to the requests. The Sixth Circuit affirmed, agreeing that Lyshe did not suffer any concrete harm. View "Lyshe v. Levy" on Justia Law