Daily Decision Recap: Defendant Demonstrates Phone System Used a Calling List and is Not an ATDS Under the TCPA

A summary of recent top FCRA, TCPA and FDCPA cases from ACA. Editor’s note: This article is available for members only.

02/25/2022 8:00 A.M.

4 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 from February 21-25:

Faehner v. Webcollex: 2nd Circuit Vacates Dismissal of FDCPA Claims

A district court dismissed a consumer’s FDCPA claims alleging a collection letter listing different amounts for the charge-off and the amount due was deceptive or misleading. The 2nd Circuit vacated the dismissal and remanded the case for the district court to consider, under TransUnion LLC v. Ramirez, whether the consumer could provide sufficient factual allegations to support the concrete injury needed to establish Article III standing.

Continue reading the case summary here.

Kohen v. Equifax: Boiler Plate Motion to Dismiss Fails to Address Consumer’s Arguments

A consumer filed an amended complaint claiming that a data furnisher inaccurately reported her account as charged-off. The data furnisher filed a motion to dismiss, the court denied the motion as it did not address the consumer’s arguments.

Continue reading the case summary here.

Hardaway v. Toyota Fin. Servs.: Court Dismisses FDCPA Claims Against Collector

The court found a pro se consumer failed to allege sufficient facts related to the start of the 30- day period for validation provided under the FDCPA and the court dismissed this claim without prejudice. The court also dismissed the consumer’s TILA claims without prejudice but dismissed the FCRA claims with prejudice because the claims alleged do not carry a private right of action.

Continue reading the case summary here.

Cross v. State Farm: Unwanted Text Message Did Not Violate TCPA

An Arkansas district court dismissed a TCPA claim because the plaintiff failed to adequately allege that an unwanted text message was sent using an automatic telephone dialing system.

Continue reading the case summary here.

Tobing v. Parker McCay P.A.: Chain of Title Not Imperfect, Collection Activity Did Not Violate FDCPA

Consumers claimed that a loan servicer violated the FDCPA because the chain of title was not perfected. The court found that the consumers were estopped from litigating their claim as the issue of the imperfect chain of title was resolved at the foreclosure sale.

Continue reading the case summary here.

Alanis v. Wells Fargo: Court Bars Future Filings by ‘Vexatious Litigant’

A Texas district court enjoined a ‘vexatious litigant’ from filing any civil lawsuits in the Western District of Texas without first obtaining permission from the court.

Continue reading the case summary here.

Noel v. Experian: Court Denies Furnisher’s Moton to Dismiss

A Utah district court held that it could not find, as a matter of law, that a data furnisher complied with the FCRA because the defendant continued to report an account as accurate after receipt of an automated dispute from a consumer reporting agency.

Continue reading the case summary here.

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