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.
02/23/2024 2:25 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. 20-23:
Feb. 20:
Roberto v. Addison Place Apartments: Court Finds Debt Collector Could Not Rely on Creditor’s Information as Defense
A Florida federal district court rejected a debt collector’s argument that it could rely upon the creditor’s information regarding the validity of a debt.
Continue reading the case summary here.
Bank v. Icot Holdings: Court Finds Consumer’s Son is Not the Called Party for Purposes of the TCPA
A consumer who answered two prerecorded phone calls promoting hearing aids on his mother’s phone sued a telemarketer because his mother’s phone number was on the National Do Not Call Registry, and no one had given the telemarketer express written consent to call that line.
Continue reading the case summary here.
Jan. 21:
Garmon v. Community Loan Servicing: Mortgage Statements Sent After Foreclosure Was Finalized Were Attempts to Collect a Debt
A consumer’s property went through foreclosure, and she claimed that the statements she received after the foreclosure was finalized were attempts to collect a debt. She also claimed that the statement did not reflect post-judgment interest mandated by New Jersey law.
Continue reading the summary here.
Rodriguez v. Portfolio Recovery Associates: Court Finds Asset Buyer’s Lawsuit Was Timely and Did Not Violate the FDCPA
In choice-of-law dispute, the court held that the Texas four-year limitations period applied to the plaintiff’s credit card debt rather than the Virginia or Kentucky statute of limitations.
Continue reading the summary here.
Feb. 22:
Rubin v. HSBC Bank: Court Finds Consumer’s Claim of Identity Theft Was a Factual and Not Legal Dispute
A New York federal district court denied a defendant’s motion for summary judgment, finding that the consumer’s claim of identity theft was a factual rather than a legal dispute, and thus the defendant’s alleged failure to investigate the dispute was a cognizable claim under the FCRA.
Continue reading the summary here.
VanderKodde v. Mary Jane Elliott, P.C.: Injuries from Writs of Garnishment Are Distinct from Injuries from an Underlying Judgment
A group of consumers sued a debt collector for alleged improper calculations of post-judgment interest in violation of the FDCPA. The debt collector moved for a judgment on the pleadings, claiming that the statute of limitation had run under the FDCPA.
Continue reading the summary here.
Feb. 23:
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.
Otero v. NewRez: 11th Circuit Finds Consumers’ FDCPA Complaints Were Time-Barred
Two consumers appealed the district court’s dismissal of their FDCPA claims.
Continue reading the summary here.
Visit the Industry Advancement Fund webpage for more Daily Decision recaps and compliance resources.
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