A rundown of recent top FCRA, TCPA and FDCPA cases from ACA.
08/04/2023 11:30 A.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 Aug. 1-4:
Borowski v. Ally: Court Finds No FCRA Violation Where Furnisher Updated Allegedly Erroneous Information
A Wisconsin district court held that the FCRA’s dispute resolution paradigm “exists specifically to allow furnishers to correct errors without incurring liability.”
Evans v. Equifax: Consumer Sufficiently Alleges Injury to Creditworthiness, Fails to Establish Emotional Damages
Following a consumer’s discharge from Chapter 13 bankruptcy, she sued a CRA and several data furnishers after they misreported her consumer information and, after receiving notice of her dispute, failed to investigate the dispute and correct errors, as required under the FCRA.
Barton v. LeadPoint: Ninth Circuit Affirms Dismissal But Reverses Award of Attorneys’ Fees in TCPA Case
A consumer sued a telemarketer and its affiliate, alleging that they violated the TCPA by sending him unsolicited text messages after he asked them not to contact him. He appealed the district court’s order granting the telemarketer and its affiliate’s motion to dismiss and awarding them attorneys’ fees.
Green v. MRS BPO: Court Finds No Standing for Letter Vendor FDCPA Claims
A New Jersey District Court dismissed a plaintiff’s FDCPA claims finding that he failed to allege he suffered a concrete injury when the defendant provided his personal information to a third-party letter vendor.
Stamler v. Guardian Savings Bank: Court Finds Standing for Voice Messages Left with the Wrong Consumer
An Ohio District court found that a plaintiff had standing to sue under the TCPA for voice messages left on her phone that were intended for a diffident individual.
Rahier v. Thunderbird Collection Specialists: Failure to Remove Dispute Notation Not an FDPCA Violation
A consumer sued a debt collector because her debt continued to be marked as disputed on her credit report after she notified the debt collector that she no longer disputed the debt.
Rosa v. Mandarich L. Group: Sending Consumer Identity Theft Affidavit Does Not Violate the FDCPA
A consumer received a collection letter in response to an identity theft notification. The consumer claimed that the letter was false and misleading, and insinuated it was from a government agency. The consumer sued, and the debt collector moved to dismiss the case.
Lord v. Senex: Law Firm That Sent Delinquent Rent Notices Was a Debt Collector Under the FDCPA
A Virginia district court held that the law firm sending delinquent rent notices on behalf of landlord clients was a debt collector as defined by the FDCPA.
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