A rundown of recent top FCRA, TCPA and FDCPA cases from ACA.
06/16/2023 1:50 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 June 13 – 16:
Barry v. Credit Control: State Court Dismisses Hunstein Claims
An Illinois state court dismissed a consumer’s claims that using a letter vendor violated the FDCPA, finding that such disclosures were not what the FDCPA was intended to prevent.
Leichliter v. Optio Sols.: One Letter Confers Article III Standing on Consumer in FDPCA Case
A consumer received a letter attempting to collect a debt after she had notified a debt collector that she refused to pay the debt. The consumer sued the debt collector for violating the FDCPA.
Rockey v. Med-1 Sols.: Collector Denied Bona Fide Error Defense on Appeal
A consumer claimed that a debt collector failed to stop communicating with her regarding a debt in violation of the Fair Debt Collection Practices Act. Both parties moved for summary judgment, and the trial court denied the consumer’s summary judgment motion and granted the debt collector’s summary judgment motion, stating the debt collector was protected by the bona fide error defense. The consumer appealed.
Johnson v. LVNV Funding; Credit One: Court Finds Credit Reporting is Collection Activity Under the FDCPA
A California district court held that reporting a debt to a CRA is collection activity under Section 1692g(b) of the FDCPA.
Lewis v. Equity Experts: Court Denies Dismissal of Case About Adding Fees
A consumer owned property that was subject to an HOA. The HOA sent her account to collections for a $314 debt. A debt collector attempted to collect the debt, adding fees that ended up totaling $6,035. The consumer sued the debt collector in state court, and the debt collector had the case removed to federal court and moved to dismiss for failure to state a claim.
McDonough v. Leopold & Associates: Court Finds No Standing for Alleged Informational Injury Stemming from a Collection Notice
A Pennsylvania district court held that the plaintiff failed to show he suffered a concrete injury as a result of his receipt of a collection letter.
Dawson v. Porch.com: Randomly Generated I.D. Number Not Produced by an ATDS
A group of consumers filed a class action lawsuit against a telemarketer claiming that the telemarketer obtained their numbers by scraping third-party websites and generating an I.D. number that was stored on an ATDS. The consumers moved to file a second amended complaint.
Dickson v. Direct Energy: 6th Circuit Finds One Ringless Voicemail is Enough
The 6th Circuit held that the receipt of one unsolicited ringless voicemail was enough for Article III standing under the TCPA.
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