A rundown of recent top FCRA, TCPA and FDCPA cases from ACA.
07/07/2023 4:30 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 July 5 – 7:
July 5:
Dawson v. Porch.com: Randomly Generated I.D. Number Not Produced by an ATDS
A group of consumers filed a class action lawsuit against a telemarketer claiming that the telemarketer obtained their numbers by scraping third-party websites and generating an I.D. number that was stored on an ATDS. The consumers moved to file a second amended complaint.
Continue reading the case summary here.
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. Editor’s note: This is an archived decision.
Continue reading the case summary here.
July 6:
Green v. MRS BPO: Court Finds No Standing for Letter Vendor FDCPA Claims
A New Jersey District Court dismissed a plaintiff’s FDCPA claims finding that he failed to allege he suffered a concrete injury when the defendant provided his personal information to a third-party letter vendor.
Continue reading the summary here.
Dabbah v. Jefferson Cap. Sys.: Settlement Offer in Collection Letter Not False or Misleading
A consumer received a collection letter that contained a settlement offer. The consumer claimed the letter was confusing and could have two meanings, thus making the letter false, deceptive, unfair and/or misleading.
Continue reading the summary here.
July 7:
Quaglia v. SN Servicing: Illinois State Court Tosses Hunstein Claims
A state court in Cook County, Illinois, found that a consumer’s claims failed as a matter of law because the defendants’ communication of private information to a letter vendor was not a communication made in an attempt to collect a debt.
Continue reading the summary here.
Torvinen v. Seattle Serv. Bureau: Debt Resulting from ATV Accident is Not Actionable Under the FDCPA
A consumer was involved in an off-road vehicle accident and did not have insurance on his off-road vehicle. The other driver did have insurance and filed a claim for the accident. The insurance company hired a debt collector to collect the damages it paid to repair the other driver’s off-road vehicle.
Continue reading the summary here.
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