A rundown of recent top FCRA, TCPA and FDCPA cases from ACA.
11/03/2023 10:50 A.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. 31-3:
Oct. 31:
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.
Natsuhara v. Bank of Missouri: Consumer Needed to Provide Evidence that the Data Furnisher Did Not Conduct a Reasonable Investigation
A consumer claimed he was a victim of identity theft and sent information along with his dispute to a data furnisher in an attempt to prove his claim. The data furnisher asked for more information from the consumer, but he did not provide it. The consumer claimed the data furnisher should have investigated his account further.
Continue reading the case summary here.
Nov. 1:
Pazymino v. PRA: Consumer Did Not Allege Tangible Monetary Harm Sufficient to Confer Standing
A debt collector allegedly attempted to collect a debt owed by a consumer by sending her several letters. The consumer claimed that the letters were misleading because they did not disclose that the debt was time-barred and thus unenforceable by law when the letters were sent.
Continue reading the summary here.
True Health Chiropractic v. McKesson Corp: Ninth Circuit Upholds District Court’s Findings in TCPA Fax Case
Two chiropractic offices and a marketing company appealed the district court’s decision in a junk fax case.
Continue reading the summary here.
Nov. 2:
Heidelberger v. Illinois River Ranch POA: Creditor Did Not Qualify as Debt Collector Under False Name Exemption
A consumer claimed that a creditor engaged in deceitful collection activity that violated the FDCPA.
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.
Nov. 3:
Pazymino v. PRA: Consumer Did Not Allege Tangible Monetary Harm Sufficient to Confer Standing
A debt collector allegedly attempted to collect a debt owed by a consumer by sending her several letters. The consumer claimed that the letters were misleading because they did not disclose that the debt was time-barred and thus unenforceable by law when the letters were sent.
Continue reading the summary here.
Bergida v. Plusfour: Court Finds Model Validation Notice’s ‘Safe Harbor’ Only Shields a Collector from Liability Under Reg F
Despite finding that the CFPB’s model validation notice did not provide safe harbor for violations of the FDCPA, the court ultimately held that the mere lack of a date on the model notice, by itself, did not violate the FDCPA as a matter of law.
Continue reading the summary here.
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