A summary of recent top FCRA, TCPA and FDCPA cases from ACA. Editor’s note: This article is available for members only.
6/11/2021 10:00
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 June 8-11:
June 8
Magi v. United Merchant: Default Judgment Granted in Case Involving Harassing Phone Calls
A consumer received phone calls attempting to collect on an auto loan where the vehicle had been voluntarily surrendered. The phone calls included threats to sue the consumer, contact her employer and contact the local authorities. The debt purchaser did not respond to the consumer’s complaint and the court entered a default judgment in favor of the consumer.
Continue reading the summary here.
Cortez v. Forster & Garbus: 2nd Circuit Finds Interest Disclosure Not Required for Settlement Offer
The 2nd Circuit reaffirmed the safe harbor interest disclosure from Avila, but clarified that “a debt collector clearly extending an offer of full satisfaction if payment is made by a specified date is not ‘subject to liability under Section 1692e for failing to disclose that the consumer's balance may increase due to interest and fees[.]’”
Continue reading the summary here.
Cunningham v. Radius: No Jurisdiction; TCPA Claim Dismissed by Court
Texas district court counters recent trends and finds no subject matter jurisdiction because the TCPA was unconstitutional in April 2020 when the telephone calls at issue took place.
Continue reading the summary here.
June 9
Crowder v. Andreu: Court Denies Request for Costs in FDCPA Case
Courts have broad discretion to award costs under Section 1919 when a case is dismissed for lack of jurisdiction. When a case involves a difficult or unsettled area of law, such as the issue of standing under the Fair Debt Collection Practices Act, the court may find it most fair and equitable for each side to bear its own costs.
Continue reading the summary here.
McAdory v. M.N.S. Assoc., LLC & DNF Assoc: Debt Purchaser Held Vicariously Liable for Agent’s FDCPA Violations
An Oregon district court found that a debt purchaser was a debt collector under the principal purpose prong of Section 1692a(6) of the Fair Debt Collection Practices Act, and the debt purchaser was liable for the debt collector’s FDCPA violations.
Continue reading the summary here.
June 10
Kinnick v. MED-1 Solutions: Court Questions Whether Debt Collector’s Bankruptcy Policies and Procedures Were Reasonable
The debt collector in this case was assigned two accounts after a consumer filed for bankruptcy. Due to a programing error, the debt collector’s system sent consumer a letter demanding payment for these debts, which were included in the bankruptcy. The consumer sued for violations of the Fair Debt Collection Practices Act, including attempting to collect after a cease communication request and a lack of meaningful attorney involvement.
Continue reading the summary here.
Person v. Tech. Ed. Serv.: Court Finds it has Subject Matter Jurisdiction to Consider TCPA Claims
Georgia joins other 11th District courts to reject Creasy and find TCPA claimant could bring claims after the U.S. Supreme Court’s decision in AAPC.
Continue reading the summary here.
June 11
Wheeler v. Trans Union LLC: Court Finds FCRA Claim Against CRA is Precluded by 2008 Injunction Order
A California district court found a consumer’s claim regarding an inaccurately reported account that had been discharged in bankruptcy was precluded by the court’s order in White v. Experian.
Continue reading the summary here.
Glawe, v. Carpenter, Hazelwood, Delgado & Bolen PLC: Money Owed on Rental Property Potentially a Debt Under the FDCPA
A consumer sued their homeowner’s association in federal court, claiming their debt collection attempts violated the Fair Debt Collection Practices Act. The district court ruled the obligation was not a debt under the FDCPA and the consumer appealed.
Continue reading the summary here.
Skinner v. Bart Garry D/B/A Law Office of Bart Gary: Court Grants Law Firm’s Motion to Compel Arbitration
The court granted the law firm’s renewed motion to compel arbitration of the consumer’s Fair Debt Collection Practices Act suit, finding the firm had demonstrated an unbroken chain of title on the debt.
Continue reading the summary here.
Timms v. USAA: Defendant Wins SJ in TCPA Case
A district court considering the Facebook footnote 7 found a defendant’s calling system was not an ATDS because (1) it could make telephone calls only to specific telephone numbers from dialing lists created and loaded by defendant, and (2) it could not store or produce telephone numbers suing a random or sequential number generator.
Continue reading the summary here.
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