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.
05/24/2024 2:55 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 May 21-24:
May 21:
Spira v. TransUnion: Court Finds Consumer Failed to State an FCRA Claim Regarding Misapplied Mortgage Payments Appearing as Delinquent on His Credit Report
The court found that the consumer’s dispute centered on whether a mortgage servicer had the right or the obligation to hold his mortgage payments and allow the debt to go unpaid and be reported as such, which was an issue that a CRA was not required to resolve.
Continue reading the case summary here.
Froneck v. Experian: Court Finds Furnisher’s Investigation Was Reasonable
A consumer sued a data furnisher for incorrectly reporting her mortgage status after she filed for bankruptcy.
Continue reading the case summary here.
May 22:
Diaz v. KLS Fin. Servs.: Consumer’s Cease Communication Request Was Waived with Respect to Verification Information
A consumer sued a debt collector for violating her cease communication request, because the debt collector sent her a verification letter in response to her cease communication request that was coupled with a dispute.
Continue reading the summary here.
Devoe v. Frontline Asset Strategies: New Jersey District Court Denies Motion to Dismiss FDCPA Claims Based on an Undated Validation Notice
A New Jersey federal district court held that a consumer stated a claim under Section 1692g(a) of the FDCPA due to the lack of a date on a validation notice.
Continue reading the summary here.
May 23:
Levy v. Law Offices of Henry Nierman: Court Finds Hiring an Attorney to Defend Against an Unlawful Subpoena Was Sufficient Injury for Article III Standing
A New York federal district court found that an FDCPA plaintiff who has been the subject of an “improper lawsuit” can assert standing on the basis of “legal fees and related costs incurred in the [underlying] action.”
Continue reading the summary here.
Parrish v. Leithman: Court Awards Consumer $3,500 in Damages for a Default Judgment
A consumer alleged that a landlord improperly sought rent from her, and that she was harassed by a debt collector that attempted to collect a debt she did not owe.
Continue reading the summary here.
May 24:
Palmer v. HSBC Bank: Court Finds No FCRA Violation for Accessing a Credit Report When the Defendant Made a Firm Offer of Credit
The 9th Circuit held that a consumer generally has standing to pursue a claim under the FCRA that the defendant used improper access of a credit report, but in this case, there was no FCRA violation because the defendant’s use of the credit report was tied to a firm offer of credit.
Continue reading the summary here.
Makhnevich v. Novick Edelstein Pomerantz: 2nd Circuit Finds Consumer Failed to Prove Her FDCPA Claims Were Not Time-Barred
A consumer appealed a district court opinion that her FDCPA claims were time-barred.
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].
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