A rundown of recent top FCRA, TCPA and FDCPA cases from ACA.
06/23/2023 9:25 A.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 June 20 – 23:
Mack v. Resurgent: Cost of Postage and Loss of Time Constituted a Concrete Injury Sufficient for Article III Standing
The 7th Circuit Court of Appeals reversed a district court’s dismissal of a consumer’s FDCPA complaint, finding that she had Article III standing because the additional $3.95 she spent to send a second dispute letter was a sufficiently concrete injury.
Mehl v. Green: Debt Incurred in Unlawful Detainer Action Not a Debt Under the FDCPA
A consumer alleged that he rented property after it had been foreclosed on and that a debt collector filed an unlawful detainer against him. The consumer claimed that the debt collector tried to collect a debt from him in violation of the FDCPA and FCRA.
New Capital Home v. Kogut: Illinois Appellate Court Affirms Circuit Court Holding That Consumers Were Properly Served in Eviction Case
Four consumers petitioned the court to vacate the eviction order against them. The court denied the consumers’ petition, and the consumers appealed the decision.
Lavender v. Experian: Court Finds Repeated Disputes of the Same Alleged Inaccuracy Does Not Restart the FCRA’s Statute of Limitations
A Pennsylvania district court held that the plaintiff’s subsequent disputes of allegedly inaccurate information on her credit report did not restart the FCRA’s two-year statute of limitations because the disputes all pertained to the same alleged inaccuracy.
Fogel v. Credit Control: Multiple Validation Letters Sent to Consumer Did Not Violate the FDCPA
A consumer received three collection letters from a debt collector, two of which contained a validation notice. The consumer claimed that the letters were confusing, and she was unable to contact the debt collector because she was unsure if the debt collector was attempting to collect a second debt from her.
Lord v. Senex: Law Firm That Sent Delinquent Rent Notices Was a Debt Collector Under the FDCPA
A Virginia district court held that the law firm sending delinquent rent notices on behalf of landlord clients was a debt collector as defined by the FDCPA.
Johnson v. NPAS Solutions: Court Confirms Award of Attorney’s Fees for 30% of the Settlement Fund
A district court confirmed its award of attorney’s fees in a class action after the debt collector appealed the award. The 11th Circuit reversed in part and remanded in part the district court’s order for the court to explain its fee award.
Betz v. Synchrony Bank: ATDS Claim Dismissed, Artificial Voice Claim Survives
A consumer claimed that a debt collector called him repeatedly using an ATDS and a prerecorded voice without his consent. The debt collector moved to dismiss the case.
Ritz v. Nissan-Infiniti: Legal Dispute About the Validity of a Debt is Not a Factual Inaccuracy Under the FCRA
A New Jersey district court found that a plaintiff must show a factual inaccuracy in the furnisher’s report to a CRA, not the existence of a disputed legal issue about the debt.
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