A rundown of recent top FCRA, TCPA and FDCPA cases from ACA.
08/18/2023 1:55 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 Aug. 15-18:
Choice v. Kohn L. Firm: Court Finds No Standing for Hiring Attorney
The court held that confusion over an allegedly contradictory statement that led the plaintiff to hire a lawyer was insufficient to establish standing.
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.
Continue reading the case summary here.
St. Vincent Charity v. Paluscsak: Ohio State Court Finds No Standing for Consumer’s FDCPA Claims
An Ohio state court adopted the standing analysis of federal courts on Article III standing, finding a consumer lacked standing to bring his FDCPA and state law claims because he only alleged bare procedural violations.
In re Portfolio Recovery Assocs.: Court Holds Debt Collector Did Not Use ATDS When Contacting Consumers
A class of consumers sued a debt collector for calling them using an ATDS without prior express consent. The debt collector moved for summary judgment, claiming the consumers could not prove that they used an ATDS to call the consumers.
Leslie v. Experian: Consumer Fails to Provide Evidence That an Inaccurate Credit Report Caused Her Emotional Injuries
A consumer claimed she suffered economic and emotional harm due to the CRA’s reliance on the data furnisher’s inaccurate information. Both parties moved for summary judgment.
Perrong v. Montgomery Cnty. Democratic Comm: Court Finds Dialing System Was Not an ATDS
A Pennsylvania district court held that a calling device that calls numbers from an existing list and that does not randomly or sequentially generate the numbers is not an ATDS as contemplated by the TCPA.
Stark v. AFNI: Dispute Between Consumer and Creditor Did Not Render Collection Letter False
A consumer sued a debt collector because it attempted to collect a debt for services that she claimed she never received.
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