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.
02/16/2024 3:50 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 Feb. 13-16:
Feb. 13:
Velez-Ortiz v. Del Valle Rodriguez Law Offices: Court Finds Allegations of Monetary Harm Are Enough for Article III Standing
A federal district court for the District of Puerto Rico held that a plaintiff’s allegations that she spent more than $600 of her health insurance pharmacy allotment and had to take sick days from work were sufficient harms to survive a motion to dismiss for lack of Article III standing.
Continue reading the case summary here.
Mahdi v. Convergent Outsourcing: Court Remands Case to State Court, Denies Consumer’s Request for Fees and Costs
A consumer moved to have his case remanded to state court for a lack of Article III standing.
Continue reading the case summary here.
Jan. 14:
Barat v. Navy Federal Credit Union: Court Finds Credit Denial Letter Did Not Violate the ECOA
The court initially held the fact that the plaintiff was not required to allege that he was a member of a protected class in order to bring a claim under the ECOA. Nevertheless, the court found the credit denial letter sent by the defendant did not violate the ECOA.
Continue reading the summary here.
Davis v. RealPage: A Rule 68 Offer of Judgment Did Not Waive Defendant’s Arbitration Rights
A consumer was denied a rental contract with an apartment company due to allegedly false information on her background check. The consumer sued the company that completed the background check. The company sent her a Rule 68 offer of judgment and then filed a motion to enforce its arbitration clause. The consumer claimed this action waived the company’s arbitration rights.
Continue reading the summary here.
Feb. 15:
Hollingsworth v. Discover Bank & Experian Info. Solutions: Court Finds Issuance of 1099-C Alone is Sufficient to Claim Debt Was Discharged and Should Not Be Reported
An Alabama federal district court held that the issuance of a form 1099-C alone is sufficient to allege that a creditor discharged a debt such that it should not be reported as due on a consumer report.
Continue reading the summary here.
Jones v. Medicredit: Court Finds Debt Collector’s Contact with Consumer Represented by Attorney Did Not Violate The FDCPA
A consumer claimed that a debt collector continued to contact him after it knew that he was represented by an attorney.
Continue reading the summary here.
Feb. 16:
Askmo v. D.B.F Collection Corp: FDCPA Does Not Impose a Writing Requirement When Consumer Provides Permission to Contact a Third Party
A consumer sued a debt collector for contacting his mother via email and telephone concerning an alleged debt owed by the consumer.
Continue reading the summary here.
Rodriguez v. TRP Acquisition: Letter Vendor Claim Remanded to State Court for Lack of Standing
An Illinois district court granted in part and denied in part a plaintiff’s motion for partial remand of his letter vendor and other FDCPA claims, remanding the case to state court in its entirety.
Continue reading the summary here.
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