Daily Decision Recap: Emotional Harm, Identity Theft and More

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

11/04/2022 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 Nov. 1-4:

Nov. 1:

Miller v. Crisis Collection Management: Court Finds Renewal of Judgment Valid

A consumer claimed that a collection attorney improperly renewed his judgment because it mailed the required affidavit before the required filing deadline with the court. The consumer claimed that this also invalidated the two subsequent renewals of the judgment.

Continue reading the case summary here.

Angulo v. Truist Bank: Court Finds Emotional Harm is Not an Injury Under the FCRA

In dismissing a plaintiff’s FCRA claims, an Illinois district court asserted that emotional harm was not an injury that the FCRA sought to protect consumers from, thus, such harm “cannot be an injury in fact for standing purposes.”

Continue reading the summary here.

Nov. 2:

Gross v. LoanCare: Consumer Fails to Prove Loan Servicer Violated the FDCPA

A consumer’s home equity line of credit was assigned to a new bank that retained a loan servicer to service the loan. The consumer requested validation information and a payoff three times. He never received the full validation information, but he did receive a payoff on the third request. The consumer sued the loan servicer for violating the FDCPA.

Continue reading the summary here.

Velez v. Absolute Resolutions: Dispute Response Letter Was Not a Communication Under the FDCPA

An Illinois district court held that a letter sent solely in response to a dispute was not a communication under the FDCPA because the animating purpose of the letter was not debt collection.

Continue reading the summary here.

Nov. 3:

Justice v. M.N.S. & Associates: Court Grants Default Judgment Because Debt Collector Did Not Disclose Its Identity in Voicemails

A consumer received two voicemails from a debt collector. In each of the messages, the debt collector did not identify itself nor did it state the message was from a debt collector. The debt collector did not defend that action, and the court entered a default judgment.

Continue reading the summary here.

Martinez v. American Express: Court Holds Investigation of ID Theft Dispute May Have Been Unreasonable

A California district court held that a reasonable jury could find that a furnisher failed to conduct a reasonable investigation of a consumer’s claim of identity theft because it did not look beyond its own files, despite having information that called its information into question.

Continue reading the summary here.

Nov. 4:

Blue v. Midland Credit Management: Court Denies Consumer’s Claims That Debt Collector Needed Permission to Send Collection Letter

A consumer claimed that a collection letter violated three different provisions of the FDCPA because it allegedly did not have permission to contact the consumer, did not use the correct name for the debt collector and falsely represented that another party was collecting the debt. The debt collector moved for a judgment on the pleadings.

Continue reading the summary here.

Gwiazda v. LVNV Funding: Court Finds a Lawsuit to Collect Debt with a Defective Chain Title Did Not Violate the FDCPA

A Pennsylvania district court refused to reconsider a previous ruling where the court found that a debt collector’s lawsuit attempting to collect a debt with an allegedly faulty chain of title did not violate the FDCPA.

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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