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.
03/15/2024 2:50 P.M.
2.5 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 March 12-15:
March 12:
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 case summary here.
Rodriguez v. Portfolio Recovery Associates: Court Finds Asset Buyer’s Lawsuit Was Timely and Did Not Violate the FDCPA
In a 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 case summary here.
March 13:
Brown v. CACH: Seventh Circuit Finds No Standing in FDCPA Case for Alleged Loss of Self-Employment Income
Upholding the district court’s dismissal for lack of Article III standing, the 7th Circuit held that while the interruption of self-employment could cause a loss, whether it did cause a loss must be established by actual evidence at the summary judgment stage of litigation.
Continue reading the summary here.
Powers v. Atlas Used Cars: Court Finds Jury Must Decide Whether Consumer Disputed His Debt Orally
A consumer claimed that a debt collector did not report all his debt with them as disputed.
Continue reading the summary here.
March 14:
Miller v. Crisis Collection Mgmt.: Judgment Was Not Renewed Pursuant to Nevada Law
A consumer appealed the district court’s ruling dismissing his complaint that alleged a debt collector did not properly renew a judgment against him and then attempted to collect the unrenewed judgment.
Continue reading the summary here.
Barclift v. Keystone Credit Services: 3rd Circuit Finds No Standing for Letter Vendor FDCPA Claim
Following the lead of courts across the nation, the 3rd Circuit found that a consumer lacked standing to pursue her claim that a debt collector violated the FDCPA when it shared her information with a third-party letter vendor.
Continue reading the summary here.
March 15:
Greene v. Experian: Power of Attorney Does Not Allow a Consumer to Represent an Aggrieved Party in Federal Court
A consumer filed an FCRA case on behalf of another party who claimed she was the victim of identity theft. The consumer claimed the other party had assigned the FCRA claim to the consumer.
Continue reading the summary here.
Lantos v. Equifax: Court Finds Repeatedly Reporting a Delinquent Debt as Charged Off is Not Inaccurate
A federal district court in Maine held that repeatedly reporting a delinquent account as charged off is not inaccurate under the FCRA.
Continue reading the summary here.
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