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.
02/02/2024 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 Jan. 30 – Feb. 2:
Jan. 30:
Shoraka v. Bank of America: Whether Data Furnisher Preformed Reasonable Investigation to Be Determined by a Jury
A consumer disputed three charges on his credit card, claiming identity theft. The data furnisher investigated the dispute and initially found their information was correct. However, after several reinvestigations, the data furnisher did remove the trade line from the consumer credit report. The consumer sued the data furnisher for failing to perform a reasonable investigation.
Continue reading the case summary here.
Hayward v. Southwest Credit Systems: Court Finds Debt Purchasers Do Not Need Permission to Report Debts to CRAs
A Pennsylvania district court held that the FDCPA and FCRA do not require a data furnisher to obtain a consumer’s authorization before reporting a debt to a CRA.
Continue reading the case summary here.
Jan. 31:
Dagget v. Radius Global Solutions: Court Holds Different Reference Numbers and PINs in Separate Collection Letters Do Not Violate FDCPA
A consumer claimed that by sending her a different reference number and PIN in two separate collection letters, a debt collector violated the FDCPA.
Continue reading the summary here.
Young v. Erickson: Court Finds Debt Purchaser Was Not Responsible for Actions of Constables
The court found that the debt purchaser was not a debt collector, and even it was, the only allegations that would be potential FDCPA violations related to acts taken by constables, and the plaintiff failed to show an agency relationship with the constables.
Continue reading the summary here.
Feb. 1:
Velez-Ortiz v. Del Valle Rodriguez Law Offices: Court Finds Allegations of Monetary Harm Are Enough for Article III Standing
A federal district court for the District of Puerto Rico held that a plaintiff’s allegations that she spent more than $600 of her health insurance pharmacy allotment and had to take sick days from work were sufficient harms to survive a motion to dismiss for lack of Article III standing.
Continue reading the summary here.
Bank v. Icot Holdings: Court Finds Consumer’s Son is Not the Called Party for Purposes of the TCPA
A consumer who answered two prerecorded phone calls promoting hearing aids on his mother’s phone sued a telemarketer because his mother’s phone number was on the National Do Not Call Registry, and no one had given the telemarketer express written consent to call that line.
Continue reading the summary here.
Feb. 2:
Rodriguez v. TRP Acquisition: Letter Vendor Claim Remanded to State Court for Lack of Standing
An Illinois district court granted in part and denied in part a plaintiff’s motion for partial remand of his letter vendor and other FDCPA claims, remanding the case to state court in its entirety.
Continue reading the summary here.
Mahdi v. Convergent Outsourcing: Court Remands Case to State Court, Denies Consumer’s Request for Fees and Costs
A consumer moved to have his case remanded to state court for a lack of Article III standing.
Continue reading the summary here.
Visit the Industry Advancement Fund webpage for more Daily Decision recaps and compliance resources.
If you’ve recently obtained a judicial opinion that might benefit other ACA members, email it to us: [email protected].
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