A rundown of recent top FCRA, TCPA and FDCPA cases from ACA.
09/01/2023 2:45 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 Aug. 29-Sept. 1:
Leslie v. Experian: Consumer Fails to Provide Evidence That an Inaccurate Credit Report Caused Her Emotional Injuries
A consumer claimed she suffered economic and emotional harm due to the CRA’s reliance on the data furnisher’s inaccurate information. Both parties moved for summary judgment.
Perrong v. Montgomery Cnty. Democratic Comm: Court Finds Dialing System Was Not an ATDS
A Pennsylvania district court held that a calling device that calls numbers from an existing list and that does not randomly or sequentially generate the numbers is not an ATDS as contemplated by the TCPA.
Continue reading the case summary here.
Muccio v. Glob. Motivation: 11th Circuit Finds Consumer Has Standing for Receipt of Five Text Messages
In reversing the district court’s ruling, the 11th Circuit cited its recent opinion in Drazen v. Pinto, where the court held that the receipt of unwanted text messages was a sufficient injury to satisfy the Article III standing requirements.
Daiss v. Pace: Court Holds Statute of Limitations Starts When Consumer is Served
A consumer sued a debt collection attorney for suing him for debt that he allegedly did not owe. The debt collector moved to have the consumer’s claims dismissed because the statute of limitations had run. The court held that it had not run out for one of the claims.
Barton v. J.M.S. Assoc. Mktg: Pro Se Consumer Awarded More Damages After Default Case Remanded by Ninth Circuit
A consumer sued a telemarketer for six unauthorized calls under the TCPA and state laws. The case was decided by default judgment, and the consumer was awarded damages for four out of the six calls. The consumer appealed the default judgment to include the two unanswered calls, and the appellate court granted his appeal. The court then determined whether to apply the amended state law to his case retroactively.
Ginsberg v. I.C. System: Court Denies Safe Harbor in Model Validation Notice Case
A court held that a consumer stated a sufficient claim by alleging that an undated validation letter violated the FDCPA because the references to “today” and “now” in the letter created confusion due to the omission of a date.
Hagey v. Solar Serv. Experts: California Appellate Court Finds Definition of Debt Under the Rosenthal Act Extends to Debts that are Alleged to Be Due or Owing
The appellate court found that the California RFDCPA’s definition of debt encompasses debts alleged to be due or owing, not just debts that are in fact due or owing.
Guthrie v. PHH Mortg. Corp: Fourth Circuit Finds Bankruptcy Did Not Preempt Consumer’s State Law Claims
A consumer sued a debt collector for attempting to collect a debt that had been discharged in bankruptcy. The consumer sued the debt collector in district court and the court granted the debt collector’s motion for summary judgment. The consumer appealed the decision.
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