McQuinn v. Bank of America, N.A.

MEMORANDUM

Denise and Mark McQuinn appeal the district court’s dismissal of their lawsuit against Bank of America, N.A., Mortgage Electronic Registration Systems, Bank of New York Mellon, N.A., and ReconTrust Company Inc. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Because “[standing is a necessary element of federal-court jurisdiction,” Thomas v. Mundell, 572 F.3d 756, 760 (9th Cir. 2009), we have an independent duty to ensure that the McQuinns have satisfied Article Ill’s standing requirements. We recognize that the Supreme Court’s recent decision in Spokeo, Inc. v. Robins, — U.S. —, 136 S.Ct. 1540 , 194 L.Ed.2d 635 (2016), calls into question whether a violation of the Truth in Lending Act’s notice requirement, 15 U.S.C. § 1641 (g), without more, creates an injury that is sufficiently concrete to confer standing. This case does not require us to answer that question, however, because the McQuinns’ complaint alleges an injury that is concrete. They allege that because the Defendants violated § 1641(g), they were deceived into paying their monthly mortgage payment to “an entity which ha[d] no right collect monies on [the] contract,” and were prevented from…