A rundown of recent top FCRA, TCPA and FDCPA cases from ACA.
10/27/2023 2:30 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 Oct. 24-27:
Oct. 24:
Morris v. RCS: Consumer Failed to Allege That a Debt Was Covered Under the FDCPA
A consumer claimed he was the victim of identity theft. A debt collector attempted to collect the debt from the consumer who claimed it was not his debt. The consumer then sued the debt collector, and the debt collector moved for judgment on the pleadings, claiming that the consumer did not allege the debt in question was covered under the FDCPA.
Continue reading the case summary here.
Long v. Nationwide Recovery Service: Court Dismisses Consumer’s Claims That a Debt Collector Reported the Wrong Dates of First Delinquency
A Kentucky federal district court found that a consumer failed to show the defendant reported to CRAs the wrong dates of delinquency on delinquent accounts.
Continue reading the case summary here.
Oct. 25:
Fermaint v. Planet Home Lending: Property Preservation Can Amount to Enforcement of a Security Interest
A consumer defaulted on his loan, which was ultimately foreclosed on. The consumer vacated the property but was marketing it for a short sale. The loan servicer hired a property preservation company to inspect the property as well as secure and winterize it. The consumer claims the loan servicer and the property preservation company violated the FDCPA by changing the locks on the house and winterizing the property when he had not abandoned it.
Continue reading the summary here.
Frazier v. Dovenmuehle Mortgage: 7th Circuit Adopts the Standards Used by Other Circuit Courts for Evaluating FCRA Claims Under Section 1681s-(2)(b)
In adopting the standard used by other circuit courts for evaluating claims under Section 1681s-(2)(b), the 7th Circuit held that the reporting of a closed or settled account with a $0 balance, but with a past due payment history, is not inaccurate or misleading when taken in the context of the entire report.
Continue reading the summary here.
Oct. 26:
Simonson v. IQ Data International: Whether a Data Furnisher’s Investigation is Reasonable is a Question for a Jury
A debt collector was hired to collect a debt for unpaid rent for an apartment complex in Arizona. The consumer who the debt collector attempted to collect the debt from was a victim of identity theft and did not actually rent the apartment. The consumer sued the debt collector for not removing the debt from her credit report, which she claimed caused her to have difficulty obtaining a school loan.
Continue reading the summary here.
Crenshaw v. Portfolio Recovery Associates: Court Finds That the CFPA Does Not Provide Consumers with a Private Right of Action
An Ohio district court held that while the CFPA is explicit in the creation of the CFPB, the CFPA contains no private right of action.
Continue reading the summary here.
Oct. 27:
Williams v. Selene Finance: Consumer Lacks Standing to Proceed with TILA Claim
A consumer claimed a loan servicer violated the TILA when it continued to send monthly mortgage statements to her attorney even after both her attorney and the consumer requested the statements be sent to the consumer. The loan servicer claimed that if it sent the monthly mortgage statement to the consumer, it could be considered a violation of the FDCPA.
Continue reading the summary here.
Nabozny v. Optio Solutions: Seventh Circuit Finds No Standing for Letter Vendor Claims
The Seventh Circuit affirmed a Wisconsin district court’s dismissal of the plaintiff’s letter vendor claims for lack of standing, finding she did not suffer a concrete injury because her private information was never “publicized.”
Continue reading the summary here.
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