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.
02/09/2024 12:40 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 Feb. 6-9:
Feb. 6:
Davis v. RealPage: A Rule 68 Offer of Judgment Did Not Waive Defendant’s Arbitration Rights
A consumer was denied a rental contract with an apartment company due to allegedly false information on her background check. The consumer sued the company that completed the background check. The company sent her a Rule 68 offer of judgment and then filed a motion to enforce its arbitration clause. The consumer claimed this action waived the company’s arbitration rights.
Continue reading the case summary here→
Tavor v. Troia & Associates: Court Finds Disclosure of a Debt to a Single Person Insufficient for Article III Standing in FDCPA Case
A New York federal district court held that the alleged disclosure of a debt to the plaintiff’s girlfriend did not give rise to a concrete injury on the facts alleged in the complaint.
Continue reading the care summary here →
Feb. 7:
Roberto v. Addison Place Apartments: Court Finds Debt Collector Could Not Rely on Creditor’s Information as Defense
A Florida federal district court rejected a debt collector’s argument that it could rely upon the creditor’s information regarding the validity of a debt.
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Otero v. NewRez: 11th Circuit Finds Consumers’ FDCPA Complaints Were Time-Barred
Two consumers appealed the district court’s dismissal of their FDCPA claims.
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Feb 8:
Wilson v. TransUnion: Court Finds a Consumer Sufficiently Alleged that a CRA Willfully Violated the FCRA
An Indiana federal district court held that a consumer sufficiently alleged that a CRA willfully furnished a consumer report to a collection agency without a permissible purpose.
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Feb. 9
Woodward v. Credit Serv. International: Court Reduces the Award of Attorney’s Fees Where Consumer Accepted an Offer of Judgment
After reaching a settlement agreement with the consumer for alleged FDCPA violations, the consumers and the debt collector could not reach an agreement as to a reasonable amount for attorney’s fees.
Continue reading case summary →