anonymous

Daily Decision Recap: Foreclosure, Treble Damages and More

Daily Decision RecapA rundown of recent top FCRA, TCPA and FDCPA cases from ACA.

03/10/2023 11:45 A.M.

4 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 March 7 – 10:

March 7:

Borowski v. Ally Financial: Court Dismisses FCRA and CARES Act Claims as Lacking Private Right of Action

The court dismissed a consumer’s claims that a creditor improperly reported his loan as delinquent and charged off because the CARES Act and FCRA do not provide consumers with a private right of action for claims about the forbearance provision.

Continue reading the case summary here.

Gaker v. Citizens Disability: Disclaimer on Website Did Not Provide Consent to Call Consumer

A consumer alleged that a disability services company violated the TCPA by placing telemarking calls to her cellphone without her prior consent, despite her being on the National Do Not Call Registry. The disability services company argued that the consumer consented to receive such calls.

Continue reading the case summary here.

Ohaion v. Bank of America: Reporting Settled Account as Charged Off Did Not Violate the FCRA

A Nevada district court found that reporting a settled account with a payment status as “charged off” was neither inaccurate nor misleading.

Continue reading the case summary here.

March 8:

Luce v. LVNV: Consumer Fails to Provide Proof of Injury-in-Fact, Case Dismissed for Lack of Standing

A consumer disputed a debt on his credit report and then later stated he did not dispute the debt and asked that the dispute be removed from his credit report. The debt buyer continued to report the debt as disputed, and the consumer sued the debt buyer for violating the FDCPA.

Continue reading the summary here.

Chaga v. Simon’s Agency: Court Holds Validation Letter with Two Addresses Not Confusing

A consumer received a validation letter that contained two addresses for the collection agency. Because he failed to dispute the debt or to write to a collector, the court found the consumer did not show justifiable reliance on the letter and so lacked standing to bring his claims.

Continue reading the summary here.

Bassett v. Credit Bureau Services: 8th Circuit Finds No Standing for Alleged Misrepresentation

The 8th Circuit vacated a district court’s ruling that an alleged misrepresentation in a collection letter violated the FDCPA because the consumer failed to allege that she suffered a concrete injury stemming from her receipt of the letter.

Continue reading the summary here.

March 9:

Barton v. J.M.S. Assoc.: 9th Circuit Confirms Award of Treble Damages Under TCPA

Because Washington’s Automatic Dialing and Announcing Devise (WADAD) provision is substantially similar to the TCPA and prohibits the use of an automatic dialing and announcing device for purposes of commercial solicitation, a consumer winning a default judgment against a business for claims based on the TCPA was also entitled to damages under the WADAD.

Continue reading the summary here.

Stones v. J&M Securities: No Costs and Fees for Removal Based on FDCPA Claim

A court denied the plaintiffs’ motion for costs and fees associated with the defendant’s removal of a case to federal court, because the defendant had a reasonable basis for removal due to the plaintiffs’ FDCPA claim.

Continue reading the summary here.

Widmer v. Weltman: Consumer Must Assert Exemptions or Immunity to Garnishment, Not Debt Collector

A consumer alleged that a debt collector violated the FDCPA when it garnished his joint bank account despite knowing it contained entireties property immune from execution under Pennsylvania law.

Continue reading the summary here.

March 10:

Louis v. Deshmukh: Court Finds Summons and Complaint a Communication Under the FDCPA

A consumer claimed that a debt collector violated the FDCPA by including an allegedly unlawful collection fee in the amount it sought to recover from the consumer in a state court action. The debt collector moved to dismiss and moved for sanctions against the consumer.

Continue reading the summary here.

Bank of Am., N.A. v. Thomas: Inclusion of FDCPA Language in State Required Foreclosure Notice Violated State Law

A New York state court held that a bank violated state law by including the FDCPA validation notice in the same communication as a foreclosure notice required under state law.

Continue reading the summary here.

Rider v. Uphold HQ: Court Dismisses State Law Claims Based on Alleged Violation of Federal Law Lacking Private Right of Action

A New York state General Business Law claim is viable where the plaintiff makes a free-standing claim of deceptiveness under GBL Section 349 that happens to overlap with a possible claim under another statute that is not independently actionable. The claim fails where the violation of the other statute by conduct that is not inherently deceptive is claimed to constitute a deceptive practice that serves as the basis for the GBL Section 349 claim.

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].

  • Join the discussion on legal and compliance topics with your fellow members on the Members Attorney Program community on The Hub. Simply log on to The Hub and select Members Attorney Program under the Communities menu.
  • ACA’s Daily Decision is powered by ACA’s Litigation Advocacy and Compliance Teams.

 

If you have executive leadership updates or other member news to share with ACA, contact our communications department at [email protected]. View our publications page for more information and our news submission guidelines here.

Advertisement

Collector Magazine

Advertisement

Base
One moment please...

Share Profile

This site uses cookies. By continuing to use our site, you are agreeing to our use of cookies. Review our Privacy Policy for more information. You may change your preferences on how cookies are stored by reviewing the settings on your browser.

The content on this site is presented for educational, general reference, and informational purposes only; is not intended to serve as legal or other advice; is not intended to be a full and exhaustive explanation of the law in any area; and should not replace the advice of your own legal counsel. By continuing to use our site, you are agreeing to the legal disclaimers in our Terms of Use. Review our Terms of Use for more information.

Friendly Reminder

Get continued access to ACA International’s wide array of resources, which can help you become more profitable, compliant and successful.

Renew your membership today to take advantage of tools you won’t find anywhere else:

  • Discounts on seminars, products, services and events
  • Resources to strengthen your compliance department
  • Industry-specific risk management products and services
  • Participation in ACA’s online community, The Hub
    Members-only website content
  • Professional development and training opportunities, and so much more!

If you have completed your renewal, please disregard this reminder.