Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208 (10th Cir. 2006). · Go Syfert
Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208 (10th Cir. 2006). Cases Citing This Book View Copy Cite
“we recognize we are dealing with legal rights created by congress under the fdcpa. hence, the 'injury in fact' analysis for purposes of article iii is directly linked to the question of whether robey has suffered a cognizable statutory injury under the fdcpa.”
63 citation events (63 in the last 25 years) across 19 distinct courts.
Strongest positive: Steven Hammer v. Sam's East, Inc. (ca8, 2014-06-05)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Steven Hammer v. Sam's East, Inc. (2×) also: Cited as authority (rule)
8th Cir. · 2014 · quote attribution · 1 verbatim quote · confidence high
congress may expand the range or scope of injuries that are cognizable for purposes of article iii standing by enacting statutes which create legal rights.
examined Cited as authority (quoted) Sims v. Kahrs Law Offices, P.A. (3×) also: Cited as authority (rule), Cited "see"
D. Kan. · 2023 · quote attribution · 1 verbatim quote · confidence low
we recognize we are dealing with legal rights created by congress under the fdcpa. hence, the 'injury in fact' analysis for purposes of article iii is directly linked to the question of whether robey has suffered a cognizable statutory injury under the fdcpa.
cited Cited as authority (rule) Ryan Six v. Iq Data International, Inc.
9th Cir. · 2025 · confidence medium
Robey v. Shapiro, Marianos, & Cejda, L.L.C., 434 F.3d 1208, 1212 (8th Cir. 2006).
discussed Cited as authority (rule) Jones v. Local 798 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-Cio
N.D. Okla. · 2024 · confidence medium
Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1213 (10th Cir. 2006) (dismissing class action claims because the plaintiff’s individual claims were dismissed); Parrish v. Arvest Bank, 717 F. App’x 756 , 760 (10th Cir. 2017) (reiterating the standard from Robey); Sample v. Aldi Inc., 61 F.3d 544 , 551–52 (7th Cir. 1995) (holding that because the district court properly disposed of the plaintiff’s individual claims, he “cannot represent a class”), disapproved on other grounds, Carson v. Bethlehem Steel Corp., 82 F.3d 157, 159 (7th Cir. 1996).
discussed Cited as authority (rule) Jurinsky v. Arapahoe County Department of Human Services
D. Colo. · 2023 · confidence medium
“A putative class action complaint should be dismissed if the named plaintiff's individual claims fail to state a claim for relief.” Parrish v. Arvest Bank, 717 F. App’x 756 , 760 (10th Cir. 2017) (unpublished) (citing Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1213 (10th Cir. 2006)).
discussed Cited as authority (rule) Neria v. Wells Fargo Bank, N.A.
Bankr. N.D. Tex. · 2022 · confidence medium
L.P., 310 F.3d 344, 352 (5th Cir. 2002). 153 Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1212 (10th Cir.2006) (quoting Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292 , 307 (2d Cir.2003)).
discussed Cited as authority (rule) Sims v. Kahrs Law Offices, P.A.
D. Kan. · 2022 · confidence medium
Finally, regarding the third exception, Defendant argues that discovery will be wasteful or burdensome, stating it “will be forced to review thousands of its case files spanning the course 6 TransUnion LLC v. Ramirez, 141 S. Ct. 2190, 2203 (2021). 7 Robey v. Shapiro, Marianos & Cejda, 434 F.3d 1208, 1212 (10th Cir. 2006).
discussed Cited as authority (rule) Neria v. Wells Fargo Bank, N.A.
Bankr. N.D. Tex. · 2022 · confidence medium
L.P., 310 F.3d 344, 352 (5th Cir. 2002). 151 Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1212 (10th Cir.2006) (quoting Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292 , 307 (2d Cir.2003)).
discussed Cited as authority (rule) McMurrray v. Forsythe Finance
D. Utah · 2021 · confidence medium
However, the majority of courts 5 Lance v. Coffman, 549 U.S. 437, 439 (2007). 6 Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992) (internal quotation marks and citations omitted). 7 Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1212 (10th Cir. 2006). 8 ---U.S.---, 136 S. Ct. 1540 (2016). 9 Id. at 1549 . that have considered this issue have concluded that FDCPA plaintiffs continue to have standing even after Spokeo.10 Putting this issue aside, Plaintiff pleads more than just a procedural violation of the FDCPA.
cited Cited as authority (rule) Strain v. Regalado
10th Cir. · 2020 · confidence medium
Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1213 (10th Cir. 2006).
discussed Cited as authority (rule) Lupia v. Medicredit, Inc.
D. Colo. · 2020 · confidence medium
The Tenth Circuit has long recognized that the FDCPA creates statutory legal rights to be free from certain abusive debt collection practices, Johnson v. Riddle, 305 F.3d 1107, 1117 (10th Cir. 2002), and affirmed that a plaintiff whose rights under the Act are violated has suffered injury-in-fact and otherwise meets the requirements of constitutional standing, Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1212 (10th Cir. 2006).
cited Cited as authority (rule) Hargis v. Equinox Collection Services, Inc.
N.D. Okla. · 2019 · confidence medium
See § 1692k(a)(2); Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1212 (10th Cir. 2006).
discussed Cited as authority (rule) In Re Horizon Healthcare Services Inc. Data Breach Litigation (2×)
3rd Cir. · 2017 · confidence medium
Co., No. 15-3386/3387, 663 Fed.Appx. 384, 387 , 2016 WL 4728027 , at *3 (6th Cir. Sept. 12, 2016) (concluding that a data breach in violation of FCRA causes a concrete injury—at least when there is proof of a substantial risk of harm); see also Church v. Accretive Health, Inc., 654 Fed.Appx. 990, 993 (11th Cir. 2016) (concluding that a health company's failure to provide required disclosures under the Fair Debt Collections Practices Act caused a concrete injury because Congress had created a right and a remedy in the statute); Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1211-1…
cited Cited as authority (rule) Russell Wendt v. 24 Hour Fitness USA, Inc.
5th Cir. · 2016 · confidence medium
Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1212 (10th Cir.2006).
discussed Cited as authority (rule) Brown v. Transurban USA, Inc.
E.D. Va. · 2015 · confidence medium
Servs., Inc., 755 F.3d 1109, 1116 (9th Cir.2014); Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292, 307 (2d Cir.2003); Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1212 (10th Cir.2006); Baker v. G.C.
discussed Cited as authority (rule) David Tourgeman v. Collins Financial Services (2×)
9th Cir. · 2014 · confidence medium
P’ship, 696 F.3d 170, 178 (2d Cir. 2012); see also Hammer v. Sam’s East, Inc., ___ F.3d ___, 2014 WL 2524534 , at *4 & n.3 (8th Cir. June 5, 2014) (noting that “the actual-injury requirement may be satisfied solely by the invasion of a legal right that Congress created”); Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1212 (10th Cir. 2006) (where a court is “dealing with legal rights created by Congress under the FDCPA . . . the ‘injury in fact’ analysis for purposes of Article III is directly linked to the TOURGEMAN V.
discussed Cited as authority (rule) Reed v. Chase Home Finance, LLC
S.D. Ala. · 2012 · confidence medium
E.g., Alston v. Countrywide Financial Corp., 585 F.3d 753, 762-63 (3rd Cir.2009) (Real Estate Settlement Procedures Act); Beaudry v. TeleCheck Services, Inc., 579 F.3d 702, 707 (6th Cir. 2009) (Fair Credit Reporting Act); Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1212 (10th Cir.2006) (Fair Debt Collection Practices Act); DeMando v. Morris, 206 F.3d 1300 , 1303 (9th Cir.2000) (Truth in Lending Act); Mabary v. Hometown Bank, N.A., 888 F.Supp.2d 857, 860-61 , 2012 WL 3765020 at *3 (S.D.Tex.2012) (Electronic Funds Transfer Act); Hammer v. JP’s Southwestern Foods, L.L.C., 739 F.S…
cited Cited as authority (rule) Brown v. Medtronic, Inc.
D. Minnesota · 2009 · confidence medium
Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1211 (10th Cir.2006).
cited Cited as authority (rule) Buetow v. A.L.S. Enterprises, Inc.
D. Minnesota · 2008 · confidence medium
E.g., Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1211 (10th Cir.2006).
cited Cited as authority (rule) Ramirez v. Midwest Airlines, Inc.
D. Kan. · 2008 · confidence medium
Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1210-11 (10th Cir.2006).
discussed Cited as authority (rule) ConocoPhillips Co. v. Henry (2×) also: Cited "see"
N.D. Okla. · 2007 · confidence medium
“Article III, Section 2 of the United States Constitution extends the judicial power only to ‘Cases’ or ‘Controversies.’ A dispute is an Article III ‘Case’ or ‘Controversy’ only if the plaintiff can establish what is known as ‘constitutional standing.’ ” Robey, 434 F.3d at 1210 (quotation omitted).
cited Cited as authority (rule) Dopp v. Loring
10th Cir. · 2007 · confidence medium
Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1213 (10th Cir.2006).
discussed Cited as authority (rule) McCammon v. Bibler, Newman & Reynolds, P.A. (2×) also: Cited "see"
D. Kan. · 2007 · confidence medium
However, the Tenth Circuit has explicitly recognized that, because “the FDCPA provides for liability for attempting to collect an unlawful debt ... and permits the recovery of statutory damages ... in the absence of actual damages[,] ... actual damages are not required for standing under the FDCPA.” Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1212 (10th Cir.2006)(quoting Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292, 307 (2d Cir.2003)).
cited Cited as authority (rule) Van Zanen v. Qwest Wireless, L.L.C.
D. Colo. · 2007 · confidence medium
Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1213 (10th Cir.2006).
cited Cited as authority (rule) Summum v. Duchesne City
10th Cir. · 2007 · confidence medium
Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1213 (10th Cir.2006).
cited Cited as authority (rule) Summum v. Duchesne City
10th Cir. · 2007 · confidence medium
Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1213 (10th Cir.2006).
discussed Cited as authority (rule) United States v. Craighead (2×)
10th Cir. · 2006 · confidence medium
“A judgment is void ... if the court which rendered it lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process of law.” United States v. Buck, 281 F.3d 1336, 1344 (10th Cir.2002) (quotation omitted). “[Constitutional standing is necessary to the court’s jurisdiction.” Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1211 (10th Cir.2006) (quotation omitted).
discussed Cited "see" Quinalty v. FocusIT LLC
D. Ariz. · 2024 · signal: see · confidence high
See Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1213 (10th Cir. 2006) 3|| (where named plaintiff's allegations are dismissed for failure to state a claim, class allegations must also be dismissed); Morrelli v. Corizon Health, Inc., No. 1:18-CV-1395- 5|| LJO-SAB, 2019 WL 918210 , at *12 (E.D.
discussed Cited "see" Jurinsky v. Arapahoe County
10th Cir. · 2024 · signal: see · confidence high
See Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1213 (10th Cir. 2006) (affirming dismissal of class allegations where named plaintiff failed to state a claim on his own behalf).
discussed Cited "see" Schaired v. Monterey Financial Services, Inc.
S.D. Cal. · 2023 · signal: see · confidence high
(Id. at 10–11); see Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1213 (10th Cir. 2006) (holding that a putative class action 26 complaint should be dismissed if the named plaintiff’s individual claims fail to pass Rule 12(b)(6) muster); Sample v. Aldi Inc., 61 F.3d 544 , 551–52 (7th Cir. 1995) (similar), abrogated on other grounds by Carson 27 v. Bethlehem Steel Corp., 82 F.3d 157, 159 (7th Cir. 1996).
cited Cited "see" Jones v. Local 798 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-Cio
N.D. Okla. · 2022 · signal: see · confidence high
See Robey v. Shapiro, Marianos & Cejda, LLC, 434 F.3d 1208, 1213 (10th Cir. 2006).
cited Cited "see" Kunneman Properties LLC v. Marathon Oil Company
N.D. Okla. · 2019 · signal: see · confidence high
See Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1213 (10th Cir. 2006).
discussed Cited "see" Walker v. BOKF, National Association
D.N.M. · 2019 · signal: see · confidence high
See Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1213 (10th Cir. 2006) (holding class-action allegations were properly dismissed where the plaintiff failed to state a claim on its own behalf).
discussed Cited "see" Parrish v. Arvest Bank
10th Cir. · 2017 · signal: see · confidence high
See Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1213 (10th Cir. 2006) (holding class-action allegations were properly dismissed where plaintiff failed to state a claim on his own behalf).
discussed Cited "see" LVNV Funding, LLC v. Mavaega
Mo. Ct. App. · 2017 · signal: see · confidence high
See Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1213 (10th Cir. 2006) (concluding that class-action allegations were properly dismissed where the district court correctly concluded that the plaintiff failed to state a claim on his own behalf under the FDCPA).
cited Cited "see" Grider v. City & County of Denver
D. Colo. · 2013 · signal: see · confidence high
See Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1211 (10th Cir.2006).
discussed Cited "see" Ehrich v. I.C. System, Inc.
E.D.N.Y · 2010 · signal: see · confidence high
See Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1211 (10th Cir.2006) (citing Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83 , 96-97 n. 2, 118 S.Ct. 1003 , 140 L.Ed.2d 210 (1998)) (“Because constitutional standing is necessary to the court’s jurisdiction, as a general rule it must be addressed before proceeding to the merits.”).
cited Cited "see" Gonzalez v. Pepsico, Inc.
D. Kan. · 2007 · signal: see · confidence high
See Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1210-11 (10th Cir.2006).
discussed Cited "see" Barrows v. Chase Manhattan Mortgage Corp.
D.N.J. · 2006 · signal: see · confidence high
See Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1212 (10th Cir.2006) (holding that the plaintiff satisfied the “injury in fact” requirement of constitutional standing, and that the plaintiff had been injured under the terms of the FDCPA and could seek legal redress of his claim under the Act, because he claimed that the defendant law firm violated the FDCPA by attempting to collect attorneys’ fees that were not permitted under state law); Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292, 307 (2d Cir.2003) (holding that the fact that the plaintiff did not ever pay any att…
cited Cited "see" Wasko v. Gonzales
10th Cir. · 2006 · signal: see · confidence high
See Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1213 (10th Cir.2006).
discussed Cited "see, e.g." United States v. Powell
10th Cir. · 2008 · signal: see also · confidence medium
See Garrett v. Selby Connor Maddux & Janer, 425 F.3d 836, 840 (10th Cir.2005) (affirming judgment below because appellant’s pro se briefs contained no argument of substance); see also Robey v. Shapiro, Marianos & Cejda, LLC, 434 F.3d 1208, 1213 (10th Cir.2006) (appellant waived his right to challenge dismissal of state-law claims when he failed to argue that district court abused its discretion in refusing to exercise supplemental jurisdiction); LifeWise Master Funding v. Telebank, 374 F.3d 917 , 927 n. 10 (10th Cir. 2004) (appellant waived its right to appeal rulings of district court that …
discussed Cited "see, e.g." Raytheon Aircraft Co. v. United States
D. Kan. · 2006 · signal: see also · confidence medium
To establish Article III standing, a plaintiff must demonstrate “that (1) he or she has suffered an injury in fact; (2) there is a causal connection between the injury and the conduct complained of; and (3) it is likely that the injury will be redressed by *1157 a favorable decision.” Ward, 321 F.3d at 1266 (quoting Phelps v. Hamilton, 122 F.3d 1309, 1326 (10th Cir.1997)); see also Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1211-12 (10th Cir.2006).
Retrieving the full opinion text from the archive…
Richard ROBEY, on Behalf of Himself and Others Similarly Situated, Plaintiff-Appellant,
v.
SHAPIRO, MARIANOS & CEJDA, L.L.C.; Theresa Marianos; Kirk J. Cejda; Gerald Shapiro; Mortgage Electronic Registration Systems, Inc., Defendants-Appellees
04-5163.
Court of Appeals for the Tenth Circuit.
Jan 18, 2006.
434 F.3d 1208
2006 U.S. App. LEXIS 1099
2006 WL 122467
Submitted on the briefs: Lawrence A.G. Johnson, Tulsa, OK, for Plaintiff-Appellant., Victor E. Morgan, Gerald L. Jackson, Crowe & Dunlevy, Tulsa, OK, Richard C. Ford, Crowe & Dunlevy, Oklahoma City, OK, Melvin R. McVay, Jr., Heather L. Hintz, Phillips, McFall, McCaffrey, McVay & Murrah, P.C., Oklahoma City, OK, for Defendants-Appellees.
Kelly, Seymour, Murphy.
Cited by 47 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 79%
Citer courts: D. Kansas (1)
SEYMOUR, Circuit Judge.

This appeal involves claims brought under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-16920. Plaintiff Richard Robey is appealing the order entered by the district court dismissing his first amended complaint under Fed.R.Civ.P. 12(b)(6). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. *

I.

A. Background.

This case arises out of a state-court foreclosure action filed by defendant Mortgage Electronic Registration Systems, Inc. (MERS) against Robey in Tulsa County, Oklahoma. MERS was represented in the foreclosure action by defendant Shapiro, Marianos, & Cejda, L.L.C. (the Lawyer Defendants). [1] In the foreclosure petition, the Lawyer Defendants requested that MERS be awarded both a money judgment and a judgment of foreclosure, and they also requested additional relief, including that MERS be awarded “a reasonable attorney’s fee.” Aple.App. at 50. MERS ultimately dismissed the foreclosure action without prejudice, however, and MERS was not awarded any attorney’s fees. Id. at 152-55.

Prior to the dismissal of the foreclosure action, Robey filed this action against MERS and the Lawyer Defendants, alleging they violated the FDCPA when they sought to recover a “reasonable attorney’s fee” in the foreclosure action. According to Robey, the request for a “reasonable attorney’s fee” was an unfair debt collection practice under 15 U.S.C. § 1692f(l) because: (1) MERS and the Lawyer Defendants had agreed that the Lawyer Defendants would handle the foreclosure action for a flat fee; and (2) the flat-fee agreement was never disclosed to the state court. Robey also asserted pendent state-law claims against defendants. The state-law claims included a claim that MERS violated Oklahoma law by failing to reveal that it was not the holder of the promissory note being sued on in the foreclosure action.

B. District Court’s Dismissal Order.

Pursuant to Fed.R.Civ.P. 12(b)(1) and (b)(6), defendants filed motions to dismiss Robey’s first amended complaint, arguing that: (1) Robey lacked standing to assert his claims because he had not suffered an injury in fact in the foreclosure action; and (2) Robey failed to state a claim upon which relief could be granted related to the foreclosure action because an award of attorney’s fees was authorized by Oklahoma law and the terms of Robey’s mortgage.

In ruling on defendants’ motions to dismiss, the district court addressed only defendants’ second argument. The court began its analysis on that point by noting the following:

[*1210] Under the FDCPA, “[a] debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt.” 15 U.S.C. § 1692f. “Unfair or unconscionable” is defined to include “[t]he collection of any amount (including any interest, fee, charge or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.” 15 U.S.C. § 1692f(1).

Robey v. Shapiro, Marianos & Cejda, L.L.C., 340 F.Supp.2d 1062, 1064 (N.D.Okla.2004). Applying these provisions, the court rejected Robey’s claim that the request in the foreclosure petition for a “reasonable attorney’s fee” was an unfair debt collection practice under § 1692f(l), and therefore concluded that Robey had failed to state a claim under the FDCPA. As the court explained:

To put it simply, Plaintiffs position is unsupported. Oklahoma law permits the recovery of a reasonable attorney’s fee in a mortgage foreclosure action as the prevailing party. Okla. Stat. tit. 42 § 176. Plaintiffs mortgage at the time the foreclosure was filed and the demand letter was sent provided for the recovery of “reasonable attorney’s fees customarily charged in the area.” ...
Plaintiffs citation to various statutes and unrelated authorities is novel but misguided. Plaintiff would have this Court attempt to connect several seemingly unrelated state statutes to arrive at a conclusion that Shapiro’s and MERS’s practices are prohibited by a federal law represented in the FDCPA.... Plaintiff also cites to various other inapplicable cases and statutes pertaining to attorney ethics in an attempt to persuade this Court to adopt a heretofore unrecognized position under the FDCPA. This Court declines to. do so. The fees sought in the prayer of the foreclosure action [are] authorized by statute and the agreement between the mortgagee and mortgagor. Plaintiffs attempt to transform Shapiro’s and MERS’s actions into something sinister is lacking. At best, the failure to disclose the flat fee arrangement is a matter best left to the determination of the court presiding over the foreclosure. The practice, however, does not violate the FDCPA.

Id. at 1064-65.

With regard to Robey’s claim against MERS for failing to reveal it was not the holder of the promissory note, the district court noted that the claim was “only referenced in the introduction of the First Amended Complaint and Count II of the Pendent State Claims section of the pleading.” Id. at 1065. The court thus “interpret[ed] the claim to be only based in state law and not the FDCPA.” Id. Having determined that “the sole claim based in federal law [had to be] dismissed,” id., the court then declined to exercise supplemental jurisdiction over Robey’s state-law claims, id. (citing 28 U.S.C. § 1367(c)(3)).

II.

A. Standing Issue.

“Article III, Section 2 of the United States Constitution extends the judicial power only to ‘Cases’ or ‘Controversies.’ A dispute is an Article III ‘Case’ or ‘Controversy’ only if the plaintiff can establish what is known as ‘constitutional standing.’ ” Carolina Cas. Ins. Co. v. Pinnacol Assurance, 425 F.3d 921, 926 (10th Cir.2005). Constitutional standing exists if the plaintiff:

show[s] [that] (1) it has suffered an “injury in fact” that is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant; and (3)[*1211] it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.

Id. (quotation omitted). Moreover, Congress may expand the range or scope of injuries that are cognizable for purposes of Article III standing by enacting statutes which create legal rights. Thus, as the Supreme Court has explained, “Congress may enact statutes creating legal rights, the invasion of which creates [constitutional] standing, even though no injury would exist without the statute.” Linda R.S. v. Richard D., 410 U.S. 614, 617 n. 3, 93 S.Ct. 1146, 35 L.Ed.2d 536 (1973); see also Lujan v. Defenders of Wildlife, 504 U.S. 555, 578, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992) (stating that “[t]he ... injury required by Art. Ill may exist solely by virtue of statutes creating legal rights,” and that this “principle involve[s] Congress’ elevating to the status of legally cognizable injuries concrete, de facto injuries that were previously inadequate in law”) (quotations omitted); Akins v. Fed. Election Comm’n, 101 F.3d 731, 736 (D.C.Cir.1996) (en banc) (“Although Congress may not ‘create’ an Article III injury that the federal judiciary would not recognize, ... Congress can create a legal right (and, typically, a cause of action to protect that right) the interference with which will create an Article III injury.” (citations omitted)), vacated on other grounds, 524 U.S. 11, 118 S.Ct. 1777, 141 L.Ed.2d 10 (1998).

Congress “may also ... place additional restrictions on who can sue, imposing requirements of ‘statutory standing.’ ” Car olina Cas. Ins. Co., 425 F.3d at 926 (quotation omitted). As we recently explained, it is important to distinguish between constitutional standing and statutory standing:

Because constitutional standing is necessary to the court’s jurisdiction, as a general rule it must be addressed before proceeding to the merits. See Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 96-97, 97 n. 2, 118 S.Ct. 1003, 140 L.Ed.2d 210 . . . (1998). . . .
On the other hand, statutory standing need not be addressed if the court determines that the plaintiff loses on the merits anyway.

Id.

Because Robey was not actually ordered to pay any attorney’s fees in the state-court foreclosure action, defendants argued in district court that Robey had not suffered any injury and therefore lacked standing to pursue his claims under the FDCPA. In its order dismissing Robey’s claims under Rule 12(b)(6), the district court acknowledged the standing issue but chose not to address it, explaining that “[ajlthough Plaintiff may well lack standing to bring this action ..., this Court chooses not to address this issue, given the dismissal of the FDCPA claim.” Robey, 340 F.Supp.2d at 1065. In light of the Supreme Court’s decision in Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 93-102, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998), however, the district court should have decided the standing issue -first, at least as it pertains to Robey’s constitutional standing for purposes of Article III. See Gold v. Local 7 United Food & Commercial Workers Union, 159 F.3d 1307, 1309-10 (10th Cir.1998) (stating that “Steel requires that a federal court satisfy itself of subject matter jurisdiction before proceeding to the merits of a claim — -even when the question of the merits is the easier one and is substantively resolvable against the claim over which jurisdiction is in doubt”), overruled on other grounds by Styskal v. Weld County Bd. of Comm’rs, 365 F.3d 855, 858 (10th Cir.2004). We therefore address the constitutional standing issue before proceeding to the merits of Robey’s claims. See San Juan County, Utah v. United States, 420 F.3d 1197, 1203 (10th Cir.2005) (“Because standing implicates[*1212] the district court’s subject matter jurisdiction, we must address this issue before addressing the merits of [an] appeal.”). In so doing, we recognize we are dealing with legal rights created by Congress under the FDCPA. Hence, the “injury in fact” analysis for purposes of Article III is directly linked to the question of whether Robey has suffered a cognizable statutory injury under the FDCPA.

We determine that Robey has suffered an injury in fact under the FDCPA and therefore has standing to pursue his challenge against defendants’ request for an award of attorney’s fees in the foreclosure action. As the Second Circuit explained in a case in which the plaintiff was alleging that a creditor violated the FDCPA by making an unlawful request for attorney’s fees:

Defendants maintain that plaintiff lacks standing to pursue this claim because it is undisputed that plaintiff never paid any attorneys’ fees to either UC & S or NAN, as the underlying lawsuit initiated by UC & S was settled with different counsel. Accordingly, defendants argue that plaintiff did not suffer any identifiable injury. The FDCPA provides for liability for attempting to collect an unlawful debt, however, and permits the recovery of statutory damages up to $1,000 in the absence of actual damages. Thus, courts have held that actual damages are not required for standing under the FDCPA. See, e.g., Keele v. Wexler, 149 F.3d 589, 594 (7th Cir.1998) (“[T]he plaintiff who admittedly owes a legitimate debt has standing to sue if the Act is violated by an unprincipled debt collector.”); Baker v. G.C. Servs. Corp., 677 F.2d 775, 777 (9th Cir.1982) (same); cf. Gambardella v. G. Fox & Co., 716 F.2d 104, 108 n. 4 (2d Cir.1983) (noting that “[i]t is well settled ... that proof of actual deception or damages is unnecessary to a recovery of statutory damages” under the Truth in Lending Act). Accordingly, we join those courts and hold that the fact that plaintiff did not ever pay any attorneys’ fees to NAN does not necessarily suggest that he was not injured for purposes of his FDCPA claim, if he can show that UC & S attempted to collect money in violation of the FDCPA.

Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292, 307 (2d Cir.2003); see also 15 U.S.C. § 1692f (providing that “[a] debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt”) (emphasis added); Johnson v. Riddle, 305 F.3d 1107, 1121 (10th Cir.2002) (holding “that [defendant] violated the FDCPA because he attempted to collect an amount not permitted by [Utah] law,” without addressing standing).

Because Robey is claiming that defendants violated the FDCPA by attempting to collect attorney’s fees that were not permitted under Oklahoma law, the Second Circuit’s reasoning in Miller and our decision in Johnson apply with equal force to this case. Accordingly, Robey has been injured under the terms of the FDCPA and can seek legal redress of his claims under that act. He has thus satisfied the “injury in fact” and other requirements of constitutional standing.

B. Rule 12(b)(6) Dismissal.

We review a Rule 12(b)(6) dismissal de novo, accepting all well-pleaded facts as true and in the light most favorable to the nonmoving party. Sutton v. Utah State Sch. for the Deaf & Blind, 173 F.3d 1226, 1236 (10th Cir.1999). “A 12(b)(6) motion should not be granted unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Id. (quotation omitted).

[*1213] Having conducted the required de novo review, we affirm the dismissal of Robey’s claims under the FDCPA for substantially the same reasons set forth in the district court’s opinion. See Robey, 340 F.Supp.2d at 1064-65. With regard to the dismissal of his state-law claims, Robey has not argued in this appeal that the district court abused its discretion in refusing to exercise supplemental jurisdiction over the state-law claims. See Gold, 159 F.3d at 1310 (“[W]e review the district court’s decision to decline supplemental jurisdiction for abuse of discretion only.”). Robey has therefore waived his right to challenge the dismissal of the state-law claims. See Lifewise Master Funding v. Telebank, 374 F.3d 917, 927 n. 10 (10th Cir.2004) (holding that appellant waived its right to appeal rulings of the district court that it did not substantively address in its opening brief).

Finally, while Robey contends he has stated a claim against MERS under the FDCPA for failing to reveal that it was not the holder of the promissory note, see Aplt. Br. at 6-7, 8, 21, Robey did not make this federal-law argument in the proceedings before the district court. “Generally, an appellate court will not consider an issue raised for the first time on appeal,” Tele-Commc’ns, Inc. v. C.I.R., 104 F.3d 1229, 1232 (10th Cir.1997), and Robey has failed to offer any reason why we should depart from the general rule here.

C. Class-Action Allegations.

In addition to asserting claims under the FDCPA on his own behalf, Robey also sought to certify a class action under Fed.R.Civ.P. 23. Because we conclude the district court correctly determined that Robey failed to state a claim on his own behalf under the FDCPA, we also conclude that Robey’s class-action allegations were properly dismissed. See Sample v. Aldi Inc., 61 F.3d 544, 551-52 (7th Cir.1995) (class-action allegations properly dismissed where district court granted summary judgment on plaintiffs individual claims), disapproved on other grounds, Carson v. Bethlehem Steel Corp., 82 F.3d 157, 159 (7th Cir.1996).

We AFFIRM the judgment of the district court. We also GRANT appellees’ joint motion to strike pages 24-59 of Ro-bey’s appendix.

*

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

1

. As used herein, the term "the Lawyer Defendants” includes the named individual lawyers from the Shapiro firm, defendants Theresa Marianos, Kirk J. Cejda, and Gerald Shapiro.