A rundown of recent top FCRA, TCPA and FDCPA cases from ACA.
11/30/2023 3:40 P.M.
2.5 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 Nov. 28 – Dec. 1:
Connor v. LVNV Funding: State Law Violation Was Not an FDCPA Violation
A consumer filed a complaint against a collection attorney and a debt buyer alleging violations of the Fair Debt Collection Practices Act and state law. The debt collector had the case removed to federal court and then moved to dismiss it.
Buell v. Experian Info. Solutions: In a Reversal, Court Finds Report Was Accurate But Lacked Context
An Indiana district court reversed its previous grant of summary judgment to the CRA defendant, finding that while the reported information was accurate, it lacked information from the plaintiff’s dispute that provided context to the reported information.
Continue reading the case summary here.
Miller v. Crisis Collection Mgmt.: Ninth Circuit Finds Judgment Was Not Properly Renewed Under State Law
A consumer contested the district court’s decision that a debt collector had properly renewed an old judgment against him.
Morales v. Commonwealth: Third Circuit Finds No Standing for Confusion
The 3rd Circuit found that mere confusion resulting from an allegedly misleading collection notice did not constitute a concrete injury.
Santos v. Healthcare Revenue Recovery Grp: 11th Circuit Holds That Consumers Do Not Have to Prove Actual Damages to Recover Statutory Damages Under the FCRA
Joining every other circuit to address the same issue, the 11th Circuit finds that a consumer does not have to prove actual damages in order to recover statutory damages under the FCRA.
Wood v. Third Federal Savings and Loan Assoc.: Sixth Circuit Holds Section 1681m of the FCRA Does Not Grant Consumers a Private Right of Action
A consumer sued a creditor for violating the FCRA because she was denied credit due to the fact that she had been through a foreclosure and a bankruptcy 11 years prior to her application for another loan.
Chernofsky v. GC Services: Court Finds ‘Avila’ Language Was Not Misleading
A New York district court concluded that the “Avila” language did not result in a violation of the FDCPA because the defendant accurately and unambiguously conveyed the agreed-upon monthly payment, total balance, and APR, and also accurately conveyed that the total balance might change.
Klassen v. Solid Quote LLC: Cellphone Can Be Considered a Residential Phone Line Under the TCPA
A consumer received telemarketing calls when her cellphone number was on the National Do Not Call Registry. The consumer sued the marketing company who placed the calls as well as the company that hired the marketing company.
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