Each week, ACA International’s compliance team covers relevant case summaries for ACA members. Here’s a rundown of recent top FCRA, TCPA and FDCPA cases we’ve covered.
01/9/2024 4:40 P.M.
3 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 covered Jan. 16-19:
Jan. 16:
Santos v. Healthcare Revenue Recovery Grp: 11th Circuit Holds Consumers Do Not Have to Prove Actual Damages to Recover Statutory Damages Under FCRA
The 11th Circuit granted the defendant’s petition for a panel rehearing, vacated its prior opinion and substituted a new opinion, making minor changes to its ruling on Article III standing.
Continue reading the case summary here.
Stevenson v. Equifax: Court Stays Case to Allow Arbitration
A consumer sued a data furnisher for furnishing incorrect information about him. The data furnisher moved to compel arbitration after the litigation had commenced.
Continue reading the case summary here.
Jan. 17:
Pace v. Link Debt Recovery: Whether Debt Collector Was Licensed While Attempting to Collect is a Question of Fact
Two consumers appealed the district court’s decision dismissing their claims that a debt collector was not licensed when it sued them in state court.
Continue reading the summary here.
Fluker v. Ally Financial: Court Finds Targeted Debt Collection Calls Were Not Made Using an ATDS
The court granted the defendant’s motion to dismiss, reasoning that the fact the calls were placed to collect the plaintiff’s existing debt undercut his allegation that the calls were placed using an ATDS.
Continue reading the summary here.
Jan. 18:
Forteza v. Pelican Investment Holdings Group: Court Finds a 3-4 Second Pause Before Connecting Could Indicate ATDS Was Used
A consumer claimed a telemarketing company and its subsidiaries used an ATDS to call her without obtaining prior express consent.
Continue reading the summary here.
Hayward v. Southwest Credit Systems: Court Finds Debt Purchasers Do Not Need Permission to Report Debts to CRAs
A Pennsylvania district court held that the FDCPA and FCRA do not require a data furnisher to obtain a consumer’s authorization before reporting a debt to a CRA.
Continue reading the summary here.
Jan. 19:
Shoraka v. Bank of America: Whether Data Furnisher Preformed Reasonable Investigation to Be Determined by a Jury
A consumer disputed three charges on his credit card, claiming identity theft. The data furnisher investigated the dispute and initially found their information was correct. However, after several reinvestigations, the data furnisher did remove the trade line from the consumer credit report. The consumer sued the data furnisher for failing to perform a reasonable investigation.
Continue reading the summary here.
Crawford v. The Law Offices of Brett Borland: Court Dismisses FDCPA Claim for Lack of Standing
The court dismissed the plaintiff’s FDCPA and other claims for lack of standing because the plaintiff never alleged any cognizable injuries such as that a third party viewed his debt information, that it was reported to any CRAs, that his credit score suffered, or that he was denied credit.
Continue reading the summary here.
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