We’re digging into the most significant cases of 2019 – check out what we learned in an informative podcast.
12/9/2019 9:00
While the impact of litigation on the accounts receivable management industry cannot be underestimated or ignored, sometimes it is extremely difficult to maintain a watchful eye on all of the thousands of courts across the country. In the newest episode of ACA Cast titled, “What We Followed in Court,” ACA International compliance officers Laura Dadd and Andrew Pavlik highlight a few influential rulings handed down in 2019.
Here’s a brief look at the cases Dadd and Pavlik discuss:
- Lavallee v. Med-1 Solutions LLC. In this case, a consumer accused a collection agency of failing to comply with the FDCPA’s requirement that a debt collector “send the consumer a written notice containing” statutorily required information about the debt, even though the agency transmitted a proper validation notice to the consumer by secure email attachment.
- DiNaples v. MRS BPO LLC. The DiNaples dispute began when defendant MRS BPO LLC sent plaintiff Donna DiNaples a collection letter in an envelope containing a quick response (QR) code on its face. When scanned using a smartphone app or similar reader, the code revealed MRS’s account number for DiNaples. She sued, alleging a violation of FDCPA Section 1692f(8), which prohibits “using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mail.”
- Barbato v. Greystone et al. LLC. This case began with plaintiff Mary Barbato’s unpaid credit card balance, which debt buyer Crown Asset Management acquired and turned over to a third party for collection. When Barbato filed for bankruptcy, Crown recalled and closed the account. Barbato later sued Crown and third-party entities for FDCPA violations. She eventually dismissed her complaints against the other companies, leaving Crown as the only defendant.
- The CBE Group Inc. and RGS Financial Inc. v. Lexington Law Firm and Progrexion Inc. In an effort to combat fraudulent credit repair practices, collection agencies The CBE Group and RGS Financial sued credit repair organizations Lexington Law Firm and Progrexion. The defendants drafted, signed and mailed dispute correspondence on behalf of their consumer customers without their knowledge or consent. The letters appeared to come from the consumers.
To read about the top 10 cases of 2019, check out correspondent Tim Dressen’s article in the December issue Collector magazine. ACA Cast and Collector may be accessed on ACA’s website at www.acainternational.org. Collector is also available in print via U.S. mail.
*Pictured Above: ACA International Compliance Analyst Andrew Pavlik