A rundown of recent top FCRA, TCPA and FDCPA cases from ACA.
09/22/2023 10:20 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 Sept. 19-22:
Tomaine v. Selip & Stylianou: Consumer Had Standing Based on Bank Levy That Was Issued in an Amount Greater Than the Judgment
A court held that a consumer had standing to sue for violations of the FDCPA regarding a bank levy that was issued in an amount greater than the amount of the judgment.
Lezark v. I.C. System: Court Finds Consumer Alleged a Concrete Injury
A consumer petitioned the court to allow him to file a second amended complaint in his lawsuit against a debt collector. The debt collector claimed that the consumer lacked standing.
Continue reading the case summary here.
Doyle v. Matrix Warranty Solutions: No Vicarious Liability, But Direct Liability Under the TCPA
A consumer sued a company that provides extended vehicle warranties for violating the TCPA. The consumer alleged that he received a prerecorded phone call for which the warranty company is liable.
Salaiz v. Beyond Finance: Court Finds Liability for Telemarketer’s Failure to Register Autodialer with the Texas Public Utilities Commission
A Texas federal district court opined that a TCPA plaintiff had sufficiently alleged that during 10 of the 13 telephone solicitations at issue, the defendant did not have a registration certificate to use an autodialer as required under Section 302.101 of the Texas Business and Commerce Code.
Perrong v. Bradford: Court Finds the Word ‘Number’ in the Definition of an ATDS Refers to a Telephone Number
The court held that the phrase “random or sequential number generator” as it is used in the TCPA refers to the generation of telephone numbers as opposed to the generation of numbers that determine the order in which a machine calls supplied telephone numbers.
Espinosa v. Metcalf: Court Awards Emotional Damages on FDCPA Claims
The court held that some debt collectors violated the FDCPA by mistakenly towing the consumer’s son’s car to collect a debt the consumer owed and then towing the consumer’s leased vehicle. The court awarded damages to the consumers.
Morales v. Healthcare Revenue Recovery: Court Finds Standing Based on Claims That Clear Windows on Envelopes Revealed Private Information
A New Jersey District certified a class of consumers, finding they had standing to pursue their FDCPA claims related to envelopes with clear windows displaying a barcode, that when scanned, revealed an embedded account number/IRN that contained private information.
Rempel v. Fay Servicing: Court Finds Consumer Lacked Standing and Remanded Case to State Court
A consumer sued a servicing company in state court for violating the FDCPA by sending a misleading collection letter. The servicing company had the case removed to federal court, and the consumer moved to remand the case for lack of Article III standing.
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