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.
04/19/2024 2:55 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 April 16-19:
April 16:
Evans v. Resurgent Cap. Servs.: A Cease Communication Request is Only Good for One Account
A consumer claimed a debt collector violated the FDCPA by contacting him after he sent them a cease communication request.
Continue reading the case summary here.
Rodriguez-Ocasio, Bally-Choonoo & Linis v. Midland Credit Management: Court Finds No Standing for FDCPA Claims About Deficient Validation Notice
A new Jersey federal district court held that the plaintiffs failed to alleged how they were harmed by the defendant’s omission from collection notices and explanation of the plaintiffs’ right to request the name and address of the original creditor.
Continue reading the case summary here.
April 17:
Keller v. Experian: CRAs Not Required to Make Legal Determinations When Investigating Disputes
A consumer sued a CRA for failing to reinvestigate his dispute.
Continue reading the summary here.
Armstrong v. Voss & Klein: Court Finds CRA Was Not Required to Resolve a Legal Dispute
A California district court held that CRAs are required to investigate alleged factual inaccuracies as opposed to resolving legal disputes or making legal determinations as to the validity of a debt.
Continue reading the summary here.
April 18:
Morrow v. TransUnion: Consumer Report Obtained for Personal and Business Purposes is Subject to Claims Under the FCRA
A consumer sued two CRAs for failing to investigate and remove false information from her credit report.
Continue reading the summary here.
Sofaly v. Portfolio Recovery Associates: Court Asks FDCPA Plaintiffs to Show Cause Why They Should Not Face Sanctions
A Pennsylvania federal district court ordered the plaintiffs to show cause why they should not be subject to sanctions for their scheme to “entrap” or “induce” the defendant into technical violations of the FDCPA.
Continue reading the summary here.
April 19:
Eiland v. Westlake Financial Services: Court Denies Data Furnisher Summary Judgment for FCRA Claim
A consumer claimed a data furnisher violated the FCRA willfully and negligently when it continued to report his car as repossessed.
Continue reading the summary here.
Hakobyan v. Experian: Court Remands FCRA Claims to State Court for Lack of Standing and Denies Plaintiff’s Attorney’s Fees for Alleged Improper Removal
The court dismissed the plaintiff’s FCRA claims for lack of Article III standing and remanded the case to New York state court while denying the plaintiff’s request for attorney’s fees and costs associated with the removal.
Continue reading the summary here.
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