Each week, ACA International’s compliance team covers relevant case summaries for ACA members. Here’s a rundown of recent top FCRA, TCPA and FDCPA cases we’ve covered.
04/12/2024 12:00 P.M.
2.5 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 April 9-12:
April 9:
In re: LeTennier Sr.: Bankruptcy Court Holds FDCPA Claim Cannot Be Used to Object to Proof of Claim
consumer objected to a debt buyer’s proof of claim that was based on a default judgment it had obtained before the bankruptcy was filed.
Continue reading the case summary here.
Hakobyan v. Experian: Court Remands FCRA Claims to State Court for Lack of Standing and Denies Plaintiff’s Attorney’s Fees for Alleged Improper Removal
The court dismissed the plaintiff’s FCRA claims for lack of Article III standing and remanded the case to New York state court while denying the plaintiff’s request for attorney’s fees and costs associated with the removal.
Continue reading the case summary here.
April 10:
LeBaron v. Drs. & Merchants Credit: Utah Court Grants Consumer’s Appeal When Debt Collector’s License Lapsed
A consumer claimed that a debt collector filed a suit against her when it was not licensed in the state of Utah, resulting in an FDCPA violation. She appealed to the Utah state court of appeals.
Continue reading the summary here.
Brown v. CACH: Seventh Circuit Finds No Standing in FDCPA Case for Alleged Loss of Self-Employment Income
Upholding the district court’s dismissal for lack of Article III standing, the 7th Circuit held that while the interruption of self-employment could cause a loss, whether it did cause a loss must be established by actual evidence at the summary judgment stage of litigation.
Continue reading the summary here.
April 11:
Rakestraw v. Cadence Bank: Court Greatly Reduces Attorney’s Fees in FCRA Case
A consumer’s attorney sued a data furnisher for fees and costs after the case had been settled. The data furnisher asked that the request for fees and costs be denied.
Continue reading the summary here.
Armstrong v. Voss & Klein: Court Finds CRA Was Not Required to Resolve a Legal Dispute
A California district court held that CRAs are required to investigate alleged factual inaccuracies as opposed to resolving legal disputes or making legal determinations as to the validity of a debt.
Continue reading the summary here.
April 12:
Eiland v. Westlake Financial Services: Court Denies Data Furnisher Summary Judgment for FCRA Claim
A consumer claimed a data furnisher violated the FCRA willfully and negligently when it continued to report his car as repossessed.
Continue reading the summary here.
Grenadyor v. Discovery Financial Services: Court Finds CRA Did Not Violate the FCRA by Continuing to Report a Debt Despite Issuing a 1099-C on the Account
The court held that whether the issuing of a 1099-C canceled a debt was a legal rather that a factual dispute, which CRAs are neither qualified nor obligated to resolve.
Continue reading the summary here.
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