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.
03/01/2024 3:30 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. 27 – March 1:
Feb. 27:
Miller v. Navy FCU: Data Furnisher Not Required to Investigate for Identity Theft Unless Dispute States It
A consumer claimed that a data furnisher inaccurately reported an account as his when it was the product of identity theft.
Continue reading the case summary here.
Hollingsworth v. Discover Bank & Experian Info. Solutions: Court Finds Issuance of 1099-C Alone is Sufficient to Claim Debt Was Discharged and Should Not Be Reported
An Alabama federal district court held that the issuance of a form 1099-C alone is sufficient to allege that a creditor discharged a debt such that it should not be reported as due on a consumer report.
Continue reading the case summary here.
Jan. 28:
Barclift v. Keystone Credit Services: 3rd Circuit Finds No Standing for Letter Vendor FDCPA Claim
Following the lead of courts across the nation, the 3rd Circuit found that a consumer lacked standing to pursue her claim that a debt collector violated the FDCPA when it shared her information with a third-party letter vendor.
Continue reading the summary here.
Askmo v. D.B.F Collection Corp: FDCPA Does Not Impose a Writing Requirement When Consumer Provides Permission to Contact a Third Party
A consumer sued a debt collector for contacting his mother via email and telephone concerning an alleged debt owed by the consumer.
Continue reading the summary here.
Feb. 29:
Lantos v. Equifax: Court Finds Repeatedly Reporting a Delinquent Debt as Charged Off is Not Inaccurate
A federal district court in Maine held that repeatedly reporting a delinquent account as charged off is not inaccurate under the FCRA.
Continue reading the summary here.
Jones v. Medicredit: Court Finds Debt Collector’s Contact with Consumer Represented by Attorney Did Not Violate The FDCPA
A consumer claimed that a debt collector continued to contact him after it knew that he was represented by an attorney.
Continue reading the summary here.
March 1:
Rubin v. HSBC Bank: Court Finds Consumer’s Claim of Identity Theft Was a Factual and Not Legal Dispute
A New York federal district court denied a defendant’s motion for summary judgment, finding that the consumer’s claim of identity theft was a factual rather than a legal dispute, and thus the defendant’s alleged failure to investigate the dispute was a cognizable claim under the FCRA.
Continue reading the summary here.
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 the summary here.
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