A rundown of recent top FCRA, TCPA and FDCPA cases from ACA.
10/20/2023 12:35 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. 17-20:
Oct. 17:
Katz v. CHW Group: Consumer Successfully Alleged the Use of an Artificial or Prerecorded Voice
A consumer claimed that he received several unlawful telemarketing calls from a telemarketer while he was on the national Do-Not-Call registry. The telemarketer moved to dismiss the case for failure to state a claim.
Continue reading the case summary here.
O’Boyle v. Unifin Inc. & Resurgent Capital Services: Court Awards Costs of Removal to Plaintiff Due to Lack of Standing
In remanding the plaintiff’s FDCPA claims to state court for lack of Article III standing, a Wisconsin federal district court found that a plaintiff was entitled to the costs related to the removal because the defendant acknowledged the recent trend in standing and therefore “lacked an objectively reasonable basis for seeking removal.”
Continue reading the case summary here.
Oct. 18:
Apolinar v. Equifax: Case Remanded to Small Claims Court; No Federal Claim in Consumer’s Complaint
A consumer moved to remand a small claims court case back to state court after a CRA had the case removed to federal court by alleging the case contained an FCRA claim. The consumer also asked to be awarded attorney’s fees.
Continue reading the summary here.
Lombard Flats LLC, v. Fay Servicing LLC: Court Declines to Find Mortgage ‘Investment’
A California district court declined to find at the motion-to-dismiss stage of the case that the plaintiffs’ debt was a commercial debt based solely on the fact that the loan application listed the property as an “investment” property rather than a primary or secondary residence.
Continue reading the summary here.
Oct. 19:
Rivera v. JPMorgan Chase: Consumer’s Claim Not Time-Barred Due to Alleged Continuing Violation
A bank foreclosed on a home in Washington, D.C. A consumer claimed that the bank never informed her of this, nor had any right to collect on the mortgage in the first place. She also claimed that the bank eventually began sending her false and threatening monthly mortgage statements. The consumer sued the bank, alleging violations of the FDCPA and other federal statutes.
Continue reading the summary here.
Papadimitriou v. Mullooly: Court Finds No Standing for FDCPA Claims Based on “Substantiation” Letter
The court found that the consumer’s allegations of feeling anxious, harassed and intimated by the defendant’s collection attempts did not give rise to standing. Additionally, the court also found that even if the plaintiff did have standing, the plaintiff’s claims that the substantiation letter he received was inadequate failed on the merits.
Continue reading the summary here.
Oct. 13:
James v. Ally: Issue of Fact Whether Repossession Agent Had Permission to Enter Property to Repossess Vehicle
A consumer disputed whether a bank had followed the required protocol to lawfully repossess her vehicle. She claimed the bank violated the FDCPA and state laws.
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.
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