Daily Decision Recap: ATDS Usage, Joint Motions, and More

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

10/21/2022 1:15 P.M.

4.5 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 Oct. 18-21:

Oct. 18:

Collectional Professionals Inc. v. McDonough District Hospital: Court Holds Reg F Does Not Require Use of the MVN

A debt collector may comply with the FDCPA by using a different form than the model validation notice included in Reg F so long as the information required by the FDCPA is provided in a clear and conspicuous manner.

Continue reading the case summary here.

Blalack v. Court Finds Prior Express Consent Requires a Signed Written Agreement

A consumer whose cellphone number was registered on the National Do Not Call Registry received text messages from a real estate marketing company. The consumer sued the company for violating the TCPA, and the company moved to dismiss the case.

Continue reading the summary here.

Higdon v. Francy Law Firm: Whether Conduct is Annoying, Abusive, or Harassing Is a “Fact Question for a Jury”

The court denied the defendant’s motion for summary judgment, holding that “[w]hether conduct is annoying, abusive, or harassing generally is a fact question for the jury.”

Continue reading the summary here.

Oct. 19:

Howard v. Patenaude & Felix: Law Firm Violates FDCPA By Demanding Funds Already Paid

A consumer won summary judgment on its claims alleging a law firm violated the FDCPA. The law firm could not rely on the bona fide error defense, when the firm repeatedly sought payment of a debt through garnishment even though it knew the consumer had discharged her obligation to pay the debt to the court.

Continue reading the summary here.

Moore v. Mountain Run Solutions: Court Denies Fees for Consumer’s Attorney

A consumer won a default judgment, which included statutory and punitive damages. The consumer’s attorney filed a petition for attorney’s fees, but the court denied the request because it did not include enough evidence for the court to determine the proper amount of fees.

Continue reading the summary here.

Lahu v. IC System: No Standing for Hypothetical Least Sophisticated Consumer’s Injury

A New Jersey district court found a consumer lacked standing to sue over allegedly false information in a collection notice because she did not allege an injury-in-fact, rather that the letter would confuse the least sophisticated consumer.

Continue reading the summary here.

Oct. 20:

Campbell v. LVNV Funding: Court Finds FDCPA’s Verification Requirements Do Not Require Signed Documents

A Pennsylvania district court held that the FDCPA’s verification requirements “are minimal and do not require documents bearing a signature or contractual agreements.”

Continue reading the summary here.

Dorian v. Community Loan Servicing: Credit Report Involving Commercial Properties Does Relate to Consumer Report Under FCRA

A consumer’s allegations that the credit reports at issue were consumer reports under the FCRA were entirely conclusory and subject to dismissal because the claims did not allege any facts relating to their purpose, such as for personal, family or household purposes.

Continue reading the summary here.

Lee v. Experian: Consumer Failed to State a Claim Under FCRA

A consumer disputed three tradelines on her credit report with a CRA. She claimed the CRA did not follow reasonable procedures when investigating her dispute.

Continue reading the summary here.

Oct. 21:

Ruckman v. PHH Mortgage Corp: Court Dismisses Attorney’s Pleadings in FDCPA Case

A consumer entered into a loan modification agreement with a loan servicer who claimed the consumer did not sign and return the agreement. The consumer claimed that she did, and her home went into foreclosure, which was later dismissed due to settlement. The consumer sued the foreclosure attorney and the loan servicer for violating the FDCPA.

Continue reading the summary here.

Mullins v. Monarch Recovery: Court Rejects Joint Motion by Consumer and Collector Seeking Federal Jurisdiction

A consumer alleged a collector violated the FDCPA by using a third-party letter vendor, but did not allege that anyone read her private information. Accordingly, the consumer did not sufficiently plead the harm that an “invasion of privacy” claim based on public disclosure intends to remedy, therefore the consumer could not maintain Article III standing based on her assertion that her FDCPA claim was “closely related” to such a claim.

Continue reading the summary here.

Allison v. Wells Fargo: Court Finds No ATDS Usage Under TCPA

A California district court held that to qualify as an ATDS under the TCPA, the system must randomly or sequentially generate the numbers that it dials, rather than pull them from an existing list.

Continue reading the summary here.

Visit the Industry Advancement Fund webpage for more Daily Decision recaps and compliance resources.

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