In Vick v. NCO Financial Systems, Inc., 2011 WL 1157692 (E.D.Tex. 2011), Judge Ward found that a non-debtor third party had no standing to pursue a claim under the FDCPA, explaining:
NCO filed numerous objections to the report (Dkt. No. 96). The court overrules NCO’s objections, except as to the issue of whether Mr. Vick has third-party standing to bring a claim under the Fair Debt Collection Practices Act (“FDCPA”). “The common factor among those cases in which a third-party, non-debtor is held to have standing to bring FDCPA claims is that the alleged debt collection practices were directed towards the third-party.” Prophet v. Myers, Civil Action No. H–08–0492, 2009 WL 1437799, *4 (S.D.Tex.2009). “A third-party, non-debtor does not have standing to assert a FDCPA violation based on collection efforts aimed at some-one else.” Id. Considering that Mr. Vick’s name was not mentioned in any of NCO’s letters to “Virginia M. Vick” and that Plaintiffs have failed to produce any evidence that Mr. Vick ever read those letter or was ever contacted by NCO, the court concludes that there is no genuine issue of material fact that NCO’s debt collection attempts were not directed to Mr. Vick. See, e.g., Dewey v. Associated Collectors, Inc., 927 F.Supp. 1172, 1174–1175 (W.D. Wis. June 7, 1996) (“… there is no evidence in this case to indicate that defendants directed their collection practices at plaintiff … in any way. Allowing her to bring suit would grant her a windfall unintended by the act.”). As such, the court sustains NCO’s objection on this issue and, therefore, grants NCO’s motion for summary judgment that Mr. Vick does not have third-party standing under the FDCPA.