Daily Decision Recap: Article III Standing and FDCPA Cases Continue District Courts

A summary of recent top FCRA, TCPA and FDCPA cases from ACA. Editor’s note: This article is available for members only.

02/11/2022 10:00 A.M.

4 minute read

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 from February 8-11:

Kelly v. Experian: Furnisher Did Not Violate FCRA By Reporting One Charge-Off Multiple Times

The court found a consumer’s allegation that a bank violated the FCRA by reporting a single charge-off of a single account over numerous months, failed to state a sufficient claim for relief because the consumer failed to show it was plausible that the furnisher’s conduct affected the consumer’s FICO score or his ability to obtain new credit.

Continue reading the case summary here.

Franklin v. Cona Elder: Fraudulent Transfer Allegation in State Collection Action Did Not Violate the FDCPA

A New York district court found that it was not a violation of the FDCPA for a law firm to assert in an underlying state court collection action that the consumer fraudulently conveyed assets to avoid paying his mother’s nursing home debt.

Continue reading the case summary here.

Brown v. Trans Union: Court Finds Data Furnisher Did Not Report False Information

The consumer alleged that the data furnisher reported inaccurate information to the consumer reporting agencies. The court dismissed her claims against the data furnisher with prejudice, holding that, because the consumer cannot establish inaccuracy or falsehood in the reports, her claims against the data furnisher are due to be dismissed with prejudice.

Continue reading the case summary here.

Zlotnick v. Equifax: Consumer Fails to Show Concrete Injury in Article III Standing Case

The court found that the consumer did not plausibly allege that he suffered a concrete or imminent injury in fact, and as such, does not have Article III standing to pursue his claims.

Continue reading the case summary here.

Khimmat v. Weltman: Court Holds Collector’s Use of Letter Vendor May Violate FDCPA

Another Pennsylvania judge found a consumer stated claims under the FDCPA when it alleged a collector used a third-party letter vendor to prepare a collection letter. The court explicitly rejected either First Amendment concerns or Article III standing issues and said the court must apply the FDCPA as written.

Continue reading the case summary here.

Luisi v. Portfolio: No Article III Standing in Letter Vendor Case

In another letter vendor case styled after Hunstein, a New York district court granted a consumer’s motion to remand her FDCPA claims to state court on the basis that she lacked Article III standing.

Continue reading the case summary here.

Asbury v. Credit Corp: Parties Lack Jurisdiction for Letter Vendor Claims under FDCPA

In a case in which both the consumer and collector argued in favor of federal jurisdiction, the court concluded that the consumer’s claims—which related to the collector’s use of a third-party letter vendor to prepare a collection letter sent to a consumer—did not constitute a sufficient injury in fact and therefore the court did not have subject matter jurisdiction. In a footnote, the court identified this case as one of many involving use of a mailing vendor, such as

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