A summary of recent top cases from ACA. Editor’s note: This article is available for members only.
10/30/2020 15:00
Each week, ACA International’s Compliance Analysts Betsy Clarke, Laura Dadd and Andrew Pavlik compile relevant case summaries for ACA members. Members may also submit cases for consideration to our compliance team at [email protected].
Here are the recent cases summarized by ACA:
Jury Must Decide if Debt Collector Qualifies for Bona Fide Error Defense
A debt collector sent a dunning letter to the consumer when she was not the guarantor of the debt. In response, the consumer filed a complaint with the CFPB and the debt collector sent information on her unrelated debts and medical information to the bureau. The court denied summary judgment for a majority of the issues.
Consumer Drops Suit One Day before Deposition Without Penalty
Court finds FDCPA lawsuit was not filed in bad faith or with intent to harass, and consumer who moved to dismiss did not owe attorneys’ fees to debt collector.
Validation Notice Was Not Overshadowed by Mention of Credit Reporting
A New York district court found a letter’s mention of credit reporting did not violate Sections 1692e or 1692g of the FDCPA because it lacked any imminent threats or demands for immediate payment.
Court Delivers Sweet Result for Godiva Chocolatier, Vacates Decision Due to Lack of Article III Standing
Eleventh Circuit sitting en banc panel found consumer failed to articulate sufficient concrete injury for standing, resulting in dismissal of case after district court approved negotiated settlement of class action.
KDV national Consumer Financial Services Group, litigation defense and compliance advice, is led by Rick Perr, ACA President 2017/2018, and a team of lawyers from coast to coast.