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.
03/08/2024 3:35 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 March 5-8:
March 5:
Powers v. Atlas Used Cars: Court Finds Jury Must Decide Whether Consumer Disputed His Debt Orally
A consumer claimed that a debt collector did not report all his debt with them as disputed.
Continue reading the case 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 case summary here.
March 6:
Peretto v. Erickson: Constable Appointed by the State of Utah Not Exempt from FDCPA
A debt collector claimed it was exempt from the FDCPA as it was a constable appointed by the state of Utah.
Continue reading the summary here.
Lantos v. Equifax: Court Finds Repeatedly Reporting a Delinquent Debt as Charged Off is Not Inaccurate
A federal district court in Maine held that repeatedly reporting a delinquent account as charged off is not inaccurate under the FCRA.
Continue reading the summary here.
March 7:
Anderson v. Franklin Credit Management: Court Examines Whether Attempt to Collect Time-Barred Debt Was a Violation of the FDCPA
A consumer sued a debt buyer, a debt collection attorney and a loan servicer for attempting to collect a debt where the statute of limitations had run.
Continue reading the summary here.
Marks v. Javitch Block LLC: Court Finds Receipt of Single Letter After Request for Email Only Communication Did Not State a Claim Under the FDCPA
The court determined that the consumer had standing to bring a claim under the FDCPA on an invasion of privacy theory of injury based on his receipt of a written letter after his request for email communication only. Nevertheless, the court found that the consumer failed to state a claim under FDCPA Section 1692(c) because he failed to allege that he was contacted at an inconvenient time or place.
Continue reading the summary here.
March 8:
Garmon v. Community Loan Servicing: Mortgage Statements Sent After Foreclosure Was Finalized Were Attempts to Collect a Debt
A consumer’s property went through foreclosure, and she claimed that the statements she received after the foreclosure was finalized were attempts to collect a debt. She also claimed that the statement did not reflect post-judgment interest mandated by New Jersey law.
Continue reading the summary here.
Rubin v. HSBC Bank: Court Finds Consumer’s Claim of Identity Theft Was a Factual and Not Legal Dispute
A New York federal district court denied a defendant’s motion for summary judgment, finding that the consumer’s claim of identity theft was a factual rather than a legal dispute, and thus the defendant’s alleged failure to investigate the dispute was a cognizable claim under the FCRA.
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.