Each week, ACA International’s compliance team covers relevant case summaries for ACA members. Here’s a rundown of recent top FCRA, TCPA and FDCPA cases we’ve covered.
12/15/2023 2:40 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 Dec. 12-15:
Dec. 12:
Lardizabal v. American Express National Bank: Court Finds Attorney’s Fees and Costs Were Not Implied in Settlement Offer
A consumer accepted a settlement offer from a data furnisher to end the FCRA litigation they were engaged in. After the consumer accepted the offer, he filed a motion for attorney’s fees. The data furnisher opposed the motion, stating that the consumer knew the settlement amount included attorney’s fees.
Continue reading the case summary here.
Chernofsky v. GC Services: Court Finds ‘Avila’ Language Was Not Misleading
A New York district court concluded that the “Avila” language did not result in a violation of the FDCPA because the defendant accurately and unambiguously conveyed the agreed-upon monthly payment, total balance, and APR, and also accurately conveyed that the total balance might change.
Continue reading the case summary here.
Dec. 13:
Wood v. Third Federal Savings and Loan Assoc.: Sixth Circuit Holds Section 1681m of the FCRA does Not Grant Consumers a Private Right of Action
A consumer sued a creditor for violating the FCRA because she was denied credit due to the fact that she had been through a foreclosure and a bankruptcy 11 years prior to her application for another loan.
Continue reading the summary here.
Sanders v. American Coradius International: Court Finds 16 Calls Over 30 Days Did Not Violate the FDCPA
A New Jersey district court found that 16 calls over a 30-day period did not rise to harassment under Section 1692d(f) of the FDCPA.
Continue reading the summary here.
Dec. 14:
Byrd v. Hyundai Motor Finance, Primeritus Financial Services & Howes Recovery LLC: Court Denies Motion to Dismiss FDCPA Claims Where Auto Repossession Breached the Peace
A Florida district court denied the defendants’ motion to dismiss the plaintiff’s FDCPA and wrongful repossession claims because the plaintiff plausibly alleged that the defendants’ employee committed a “breach of the peace” during the repossession of the plaintiff’s car.
Continue reading the summary here.
Hoganberry v. Experian: Claims of ID Theft Sufficient to Stop Motion to Compel Arbitration
A consumer sued a group of CRAs and banks under the FCRA for sharing and reporting information related to several accounts that he alleged were the product of identity theft. One of the defendants in this action contends that the consumer’s claims are subject to a mandatory arbitration clause and moved to compel arbitration and stay this action while the arbitration is pending.
Continue reading the summary here.
Dec. 15:
Gwiazda v. LVNV Funding: Third Circuit Finds a Lawsuit to Collect Debt with a Defective Chain Title Did Not Violate the FDCPA
The 3rd Circuit affirmed the ruling of a Pennsylvania district court where the district court held that a debt collector’s lawsuit attempting to collect a debt with an allegedly faulty chain of title did not violate the FDCPA.
Continue reading the summary here.
Moore v. Triumph CSR Acquisition: Court Holds the Term Land Line is Not Synonymous with Cellular Telephone Service Under the TCPA
A consumer received dozens of unwanted, prerecorded calls to her cellphone without her consent from a culinary arts school. The consumer sued the school under the TCPA. The school, in turn, moved to dismiss.
Continue reading the summary here.
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