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.
01/26/2024 3:10 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 Jan. 23-26:
Jan. 23:
Wilcox v. MarketPro South: Court Allows Case to Proceed to Discovery to Determine Whether Texts Were Actually Telemarketing Texts
Two consumers sued a company that left them several text messages on their cellphones, despite their numbers being on the National Do Not Call Registry. The company moved to dismiss the case for failure to state a claim.
Continue reading the case summary here.
Figueroa v. Capital One: Court Finds Reporting Monthly Payment Amounts on a Closed Account Did Not Violate the FCRA
A New Jersey district court held there was no FCRA violation based on the defendant’s inclusion of monthly payments on a past due and closed account. Further, the court rejected the argument that the failure to comply with the CDIA’s credit reporting standards violated the FCRA where the reported information itself was nonetheless true.
Continue reading the case summary here.
Jan. 24:
Landon v. Vaden of Beaufort: Court Finds Consumer Complaint Not a Shotgun Pleading
A consumer claimed her employer used her identity to buy three vehicles without her permission. The consumer sued her former employer and the dealership that sold the vehicles. The consumer claimed the dealership ignored the red flags in the credit information that was provided to them in order to make a sale.
Continue reading the summary here.
Fluker v. Ally Financial: Court Finds Targeted Debt Collection Calls Were Not Made Using an ATDS
The court granted the defendant’s motion to dismiss, reasoning that the fact the calls were placed to collect the plaintiff’s existing debt undercut his allegation that the calls were placed using an ATDS.
Continue reading the summary here.
Jan. 25:
Bueno v. Univ. of Miami: Court Awards Taxable Costs to Prevailing Party in Lawsuit
A university sued a consumer to recover taxable costs after it was the prevailing party in an FCRA lawsuit against a consumer.
Continue reading the summary here.
Mladenov v. R1 RCM: Court Finds “Early Out” Medical Billing Service is Not a Debt Collector Under the FDCPA
An Illinois district court held that a company providing pre-collect services to hospitals was not a debt collector as defined under the FDCPA because the debts in question were not in default.
Continue reading the summary here.
Jan. 26:
Charman v. Cloud Based Personal Loan Locator: Court Denies Motion to Dismiss on TCPA Claim Concerning Telemarketing Text Message
A consumer alleged that a telemarketer began sending unsolicited text messages to his phone even though his phone number was on the National Do Not Call Registry.
Continue reading the summary here.
Postl v. Diversified Recovery Bureau: Court Finds Migraine Headache is a Physical Injury Sufficient for Standing
In denying summary judgment, the court held that physical manifestations of distress such as a headache are sufficient for Article III standing. Additionally, the court found that the possible existence of duplicate entries in the defendant’s call records created a question of fact and a possible inference of record inconsistency, or at least a lack of clarity.
Continue reading the summary here.
Visit the Industry Advancement Fund webpage for more Daily Decision recaps and compliance resources.
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