A rundown of recent top FCRA, TCPA and FDCPA cases from ACA.
09/29/2023 1:25 P.M.
3.5 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. 26-29:
Sept. 26:
Carter v. Payback Repo: Repossession Company Unable to Prove It Was Covered by Arbitration Agreement
A debt collector attempted to repossess a consumer’s car while he was still in the vehicle. The consumer sued the debt collector for violating the FDCPA. The debt collector asked the court to enforce the arbitration provision in the consumer’s loan agreement.
Continue reading the case summary here.
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.
Continue reading the case summary here.
Sept. 27:
Milgram v. Chase Bank: Data Furnisher Not Required to Reinvestigate Fraud Claim
A consumer who owned a business became the victim of identity theft when her employee opened a credit card in her name and used her business accounts to pay down the charges. The debts were reported to the CRAs. The consumer disputed the debts, but the data furnisher refused to remove the unauthorized charges. The district court concluded the data furnisher’s investigation was not unreasonable. The consumer appealed it decision.
Continue reading the summary here.
Bolich v. Nelnet Servicing: Court Finds That Continuing to Report Historical Late Payment History on an Account in Forbearance Did Not Violate the FCRA
A Florida district court held that it was not inaccurate or misleading to report an account as in forbearance and current, but continuing to report the past delinquencies was historically accurate and not misleading when the report is read as a whole.
Continue reading the summary here.
Sept. 28:
Hossain v. Portfolio Recovery Associates: CRA Was Not Required to Report That the Statute of Limitations on a Consumer’s Debt Had Expired
A New York district court held that a CRA was not required to report that the New York state statute of limitations on the consumer’s debt had expired because CRAs are not required to make legal determinations regarding the validity of a statute of limitations.
Continue reading the 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.
Continue reading the summary here.
Sept. 29:
Moore v. Merchants & Medical Credit Corporation: Pennsylvania Court Remands Hunstein Claim to State Court for Lack of Standing
A Pennsylvania district court remanded the plaintiff’s claims to state court, finding there was no standing because the debt collector’s use of a letter vendor did not cause the plaintiff any injury.
Continue reading the summary here.
Thomason v. World Finance: Court Finds That Repeated Reports of a Single Charge-Off Event Are Not Misleading
A Texas district court held that repeated reports of a single charge-off event are not misleading because reporting an account as charged off on a recurring basis only shows that the outstanding debt has yet to be repaid. The court also held that in the 5th Circuit, any claim against a furnisher under Section 1681a-2(b) must be based on a bona fide or meritorious dispute.
Continue reading the summary here.
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