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.
01/05/2024 2:05 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. 2-5:
Jan. 2:
Suazo v. Resurgent Cap. Servs.: Consumer Fails to Provide Evidence That an Email Caused an Injury-In-Fact
A consumer sued a debt collector claiming that the 30-day dispute notice was misleading. The debt collector moved to dismiss the case for lack of standing.
Continue reading the case summary here.
Sanders v. American Coradius International: Court Finds 16 Calls Over 30 Days Did Not Violate the FDCPA
A New Jersey district court found that 16 calls over a 30-day period did not rise to harassment under Section 1692d(f) of the FDCPA.
Continue reading the case summary here.
Jan. 3:
Ozturk v. Amsher Collection Services: Court Finds Letter Explaining How to Assert an ID Theft Claim Was Not Misleading Under the FDCPA
A consumer sued a debt collector because she claimed that a letter the debt collector sent her, detailing what to do if she thought she was a victim of identity theft, was misleading to the least sophisticated consumer. The debt collector moved to dismiss the case.
Continue reading the summary here.
Labadie v. NU Era Towing: 2nd Circuit Finds Auto Repossession Did Not Violate the FDCPA
The 2nd Circuit found that a consumer failed to state a claim under the FDCPA because the defendant had a present right to repossess her vehicle and did not commit a breach of the peace during the repossession.
Continue reading the summary here.
Jan. 4:
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.
Hoganberry v. Experian: Claims of ID Theft Sufficient to Stop Motion to Compel Arbitration
A consumer sued a group of CRAs and banks under the FCRA for sharing and reporting information related to several accounts that he alleged were the product of identity theft. One of the defendants in this action contends that the consumer’s claims are subject to a mandatory arbitration clause and moved to compel arbitration and stay this action while the arbitration is pending.
Continue reading the summary here.
Jan. 5:
Texidor v. Tromberg, Morris & Poulin: Court Holds Consumer Stated a Claim for Bad Service of Process
A debt buyer attempted to collect on a 12-year-old judgment from a consumer. The consumer claimed that she never received service.
Continue reading the summary here.
Gwiazda v. LVNV Funding: Third Circuit Finds a Lawsuit to Collect Debt with a Defective Chain Title Did Not Violate the FDCPA
The 3rd Circuit affirmed the ruling of a Pennsylvania district court where the district court held that a debt collector’s lawsuit attempting to collect a debt with an allegedly faulty chain of title did not violate the FDCPA.
Continue reading the summary here.
Visit the Industry Advancement Fund webpage for more Daily Decision recaps and compliance resources.
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