A summary of recent top FCRA, TCPA and FDCPA cases from ACA. Editor’s note: This article is available for members only.
4/23/2021 9:00
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 19-23.
Hasan v. The PNC: Attorney’s Trust Account Was Not a Debt
In this case, an Illinois district court found a debt incurred by an attorney in connection with an “Interest on Lawyers Trust Account” was not incurred for “primarily for personal, family, or household purposes.”
Read the summary here.
Lundstedt v. JP Morgan Chase: 2nd Cir. Finds Bank is Not a Debt Collector
Consumer loses appeal of FDCPA claims after dismissal by Connecticut district court on grounds that bank in mortgage disclosure action was not a debtor under the FDCPA.
Read the summary here.
Ruffner v. Quality Loan Service: Loan Servicer Must Prove its Right to Foreclose Mortgage
Consumer alleged loan servicer violated the FDCPA when it foreclosed her mortgage without proving it had the legal right.
Read the summary here.
McDermott v. Perfection Collection: $17K in Damages and Fees Awarded in FCRA Action
Arizona court entered a default judgment against a collection agency that failed to appear, found a willful violation of the FCRA, and awarded damages, fees, and costs to the plaintiff.
Read the summary here.
Smaia v. Nationwide: Font Size of Validation Notice Did Not Overshadow Validation Period
Consumers alleged collection letters overshadowed the validation period and the consumer right to dispute. Court found letters did not violate the FDCPA.
Read the summary here.
Leszcznski v. D&A: Court Finds FDCPA Claimant Lacked Standing to Sue
A consumer who did not allege he attempted to dispute a debt failed to show a concrete injury required to support standing when he objected to one sentence of a dunning letter.
Read the summary here.
Nyanhongo v. Credit Collection: Consumer’s Claim Envelope Had Visible QR Code Was Not Injury-in-Fact
Consumer alleged phrase “personal and confidential” on the outside of an envelope coupled with a data symbol like a QR Code violated the FDCPA. The court dismissed case because consumer did not plead an injury-in-fact.
Read the summary here.
Gunn v. Prospects: Another Court Finds Jurisdiction in TCPA Case
A Missouri district court found the Supreme Court’s decision in AAPC did not invalidate the entirety of section 227(b)(1)(A) of the TCPA.
Read the summary here.
https://www.acainternational.org/daily-decision/berg-nettles-midland-funding-eastern-district-michigan-fdcpa-article-iii-standing-arbitration
Nettles v. Midland Funding: FDCPA Plaintiff Receives Rulings From 6th and 7th Circuits
After the 7th Circuit found a FDCPA plaintiff lacked standing, a Michigan court in the 6th Circuit found the plaintiff had standing but was required to proceed to arbitration.
Read the summary here.
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