A summary of recent top FCRA, TCPA and FDCPA cases from ACA. Editor’s note: This article is available for members only.
4/16/2021 11:00
Each week, ACA International’s compliance team covers relevant case summaries for ACA members. Members may also submit cases for consideration to our compliance team at [email protected].
Here are the cases covererd April 13-15.
Thomas-Lawson v. Carrington Mtg. Serv.: Court Finds FDCPA Permits ‘Convenience Fees’
In this case, the court dismissed a class action lawsuit claiming convenience fees for paying online and by phone violated the FDCPA.
Read the summary here.
Smith v. Stewart, Zlimen & Jungers: Collection Action Did Not Violate The FDCPA
In this case, the 8th Circuit found a law firm did not violate the FDCPA when it failed to meet its evidentiary burden in state collection lawsuits.
Read the summary here.
Shimon v. Equifax: Second Circuit Affirms New York Decision for CRA in FCRA Case
In this case, an appellate court provides guidance on reporting claims, source disclosure, and the reasonable-interpretation defense in a FCRA case against a credit reporting agency.
Read the summary here.
Hopkins v. Collecto Inc.: Third Circuit Follows Fifth and Seventh on $0 Itemization in Dunning Letters
In this case, the 3rd Circuit finds zero-dollar itemizations are not misleading or unfair under FDCPA Sections 1692e or 1692f.
Read the summary here.
Chinitz v. Intero: Company Held Vicariously Liable for Phone Calls by Agents
In this case, the court applies the FCC’s construction of the TCPA and finds company vicariously liable for conduct of agents based on apparent authority.
Read the summary here.
Jarrett v. Experian: Allegations of Failure to Investigate Dispute Survive Motion to Dismiss
In this case, the consumer alleges a loan servicer failed to investigate his dispute. The court found the consumer successfully pled his case and denied motion to dismiss.
Read the summary here.
Anderson v. I.C. System: Failure to Update Credit Report was a Bona Fide Error
In this case, the debt collector’s policies and procedures qualified it for the bona fide error defense under Section 1692k(c) of the FDCPA despite its failure to update the consumer’s credit report after receipt of a dispute letter.
Read the summary here.
Thi Ho v. Nationstar Mortgage: Pro Se Shotgun Pleading Dismissed
In this case, the pro se plaintiff’s shotgun pleaded did not survive a motion to dismiss even after amendment.
Read the summary here.
Vasquez v. Nat'l Enter. Sys: Court Finds Consumer’s Case Must Be Arbitrated
A consumer claimed loan servicer violated the FDCPA and the loan servicer filed motion to compel arbitration. The court held that the consumer was bound by the arbitration clause and the FDCPA issue was within the scope of arbitration provision.
Read the summary here.
Klein v. Affiliated: Hospital’s Agreement with AG Not Imputed to Debt Collector
The 8th Circuit found a hospital’s agreement with the Minnesota Attorney General to abide by 501(r) federal Treasury regulations was not applicable to debt collectors’ collection letters.
Read the summary here.
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