A rundown of recent top FCRA, TCPA and FDCPA cases from ACA.
11/17/2023 2:25 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 Nov. 14-17:
Nov. 14:
Denmon v. Kansas Couns., Inc.: Court Held Consumer Still Has Standing
A debt collector filed a motion for reconsideration of a previous order, where the court found a consumer had Article III standing to pursue her claim that the debt collector’s letter violated the FDCPA. The debt collector claimed that the consumer lacked standing in light of other more recently decided cases.
Continue reading the case summary here.
Bernard v. Bruce: Court Finds Request for Attorney’s Fees Was an Aspirational Request that Did Not Violate the FDCPA
In dismissing the plaintiff’s motion to reconsider, the court held that the defendant’s request for attorney’s fees in a state court case was an “aspirational request” based on a provision in the underlying contract that allowed the state court to exercise its discretion in granting fees, as opposed to a misrepresentation of legal entitlement. Thus, the request did not amount to an injury sufficient for standing.
Continue reading the case summary here.
Nov. 15:
Bell v. LVNV Funding: Court Denies Sanctions Against Consumer Attorney
A debt collector sued a consumer and her attorney for attorney’s fees, claiming that the collection lawsuit she brought against it was in bad faith and without involvement of the consumer.
Continue reading the summary here.
Howard v. Republican Nat’l Comm: In a First, Court Finds Text with Link to Video Was Not a “Prerecorded Voice” Under the TCPA
An Arizona district court was the first in the nation to hold that a text message inviting the recipient to click a link to download and play a video was not a “prerecorded voice” under the TCPA.
Continue reading the summary here.
Nov. 16:
Worley v. Simon Meyrowitz & Meyrowitz: 2nd Circuit Finds Email Was Not an Initial Communication Under the FDCPA
The 2nd Circuit held that because the email in question was sent in response to the plaintiff’s “unprompted” contact, it did not constitute an “initial communication” for purposes of the FDCPA.
Continue reading the summary here.
Frazier v. Dovenmuehle: 7th Circuit Holds Furnished Information Not Misleading
A consumer filed an action against a data furnisher for violating the FCRA by allegedly providing inaccurate information to a credit reporting agency after unreasonably investigating a dispute of its data. A district court granted summary judgment in favor of the data furnisher, and the consumer appealed.
Continue reading the summary here.
Nov. 17:
Klassen v. Solid Quote LLC: Cellphone Can Be Considered a Residential Phone Line Under the TCPA
A consumer received telemarketing calls when her cellphone number was on the National Do Not Call Registry. The consumer sued the marketing company who placed the calls as well as the company that hired the marketing company.
Continue reading the summary here.
Buell v. Experian Info. Solutions: In a Reversal, Court Finds Report Was Accurate But Lacked Context
An Indiana district court reversed its previous grant of summary judgment to the CRA defendant, finding that while the reported information was accurate, it lacked information from the plaintiff’s dispute that provided context to the reported information.
Continue reading the summary here.
Visit the Industry Advancement Fund webpage for more Daily Decision recaps and compliance resources.
If you’ve recently obtained a judicial opinion that might benefit other ACA members, email it to us: [email protected].
- Join the discussion on legal and compliance topics with your fellow members on the Members Attorney Program community on The Hub. Simply log on to The Hub and select Members Attorney Program under the Communities menu.
- ACA’s Daily Decision is powered by ACA’s Litigation Advocacy and Compliance Teams.