A summary of recent top FCRA, TCPA and FDCPA cases from ACA. Editor’s note: This article is available for members only.
4/30/2021 12:00
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 covered April 26-30.
AMG v. FTC: SCOTUS Finds FTC Cannot Seek Restitution Under Section 13(b) of FTC Act
The U.S. Supreme Court Unanimously found that Section 13(b) of the FTC Act does not authorize the FTC to seek, or a court to award, equitable monetary relief such as restitution or disgorgement.
Read the summary here.
Hanberry v. Chrysler Capital: Second FCRA Case Fails as Consumer Fails to Provide Evidence
Consumer alleges that data furnisher reported inaccurate information and did not respond to her dispute letter. The court dismissed case with prejudice.
Read the summary here.
Hafez v. Equifax: Court Weighs in on Credit Reporting Under CARES Act
Consumer alleged CRAs failed to adopt reasonable procedures to ensure the accuracy of consumer credit reports in violation of the FCRA, as amended by the CARES Act.
Read the summary here.
Opico v. Convergent: Court Narrows Scope of FDCPA Claims for Trial
Pulling a credit report for collection of an account is a permissible purpose under FCRA but is not a preferred way for confirming debts.
Read the summary here.
Tataru v. RGS: Fear of Fraud Not Enough for Article III Standing
On a motion for reconsideration, an Illinois district court found the consumer’s fear of fraud regarding a collection letter identifying the wrong creditor was not an injury sufficient to confer Article III standing.
Read the summary here.
Tejero v. Portfolio: Fifth Circuit Finds No Attorney’s Fees for FDCPA Settlement
The 5th Circuit found that an FDCPA plaintiff who settled with a defendant was not entitled to attorney’s fees under Section 1692k(a)(3) of the act.
Read the summary here.
Davis v. Cach: Consumer Lacked Article III Standing, FDCPA Claims Dismissed
Where a consumer based her FDCPA claims on an alleged violation of state law and failed to show that a collector’s alleged violation caused her actual harm, the consumer could not satisfy the injury-in-fact requirement of Article III standing.
Read the summary here.
Losch v. Nationstar: 11th Circuit Finds Questions Remain About Reasonable Investigation of Dispute
The 11th Circuit disagreed with the district court that a consumer reporting agency’s actions after a consumer notified it of an inaccuracy on his credit report were “reasonable” as a matter of law.
Read the summary here.
Billups v. PHH: FCRA Permissible Purpose Claim Allowed to Proceed
A consumer’s allegation that the loan servicer improperly accessed her credit report in connection with a discharged debt was sufficient to state a claim.
Read the summary here.
Mey v. Medguard: VA Court Finds TCPA Plaintiff Has Standing
Virginia district court rejects Creasy line of cases, acknowledges unconstitutional portion of TCPA must be severed in accord with AAPC, and finds plaintiff has standing to bring suit.
Read the summary here.
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