Daily Decision Recap: Student Loans, Eviction Actions, and More

Daily Decision RecapA rundown of recent top FCRA, TCPA and FDCPA cases from ACA.

05/26/2023 1:50 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 May 23 – 26:

May 23:

Kowouto v. Jellum Law: Court Finds Eviction Action is Subject to the FDCPA

A Minnesota district court found that the FDCPA applies to alleged misstatements made to a court during a state court eviction action.

Continue reading the case summary here.

Six v. IQ Data Int’l Inc: Consumer Lacks Standing to Pursue Claim About a Letter Sent To Him and Not His Attorney

A consumer sued a debt collector for sending him a collection letter after he informed the debt collector of his representation by counsel. Both parties moved for summary judgment on the matter.

Continue reading the case summary here.

May 24:

Pistone v. Client Services: Court Finds No FDCPA Violation for Including Two Different Addresses in Collection Letter

A New Jersey District court found that a consumer did not have standing to sue over alleged confusion stemming from a collection letter’s inclusion of two addresses. Additionally, the court found that even if the plaintiff had shown a concrete injury, her FDCPA claims failed as a matter of law.

Continue reading the summary here.

Winter v. Resurgent Cap. Servs: Consumer Fails to State a Claim About a Verification Letter

A consumer sued a debt collector for sending her a deceptive verification letter that included, among other things, a validation notice with the verification letter. The consumer sued the debt collector for violating the FDCPA, and the debt collector moved to dismiss the consumer’s suit for failure to state a claim.

Continue reading the summary here.

May 25:

Woodard v. O’Brien: Sixth Circuit Affirms District Court’s Award of Attorney’s Fees

A debt collector appealed the district court’s award of attorney’s fees.

Continue reading the summary here.

Zoltan v. Credit Collection Services: New York State Court Finds No Standing for FDCPA Letter Vendor Claims

A New York state court found that a debt collector’s use of a letter vendor violated the FDCPA. Nevertheless, the court granted the defendant’s motion for summary judgment, finding that the plaintiff did not allege he suffered concrete harm sufficient for standing in New York state court.

Continue reading the summary here.

May 26:

Pullman v. Wells Fargo: Court Finds Standing Under FCRA For Lower Credit Score

A Florida district court held that a plaintiff’s lowered credit score due to the defendant’s failure to correct errors on her credit report was sufficient to confer Article III standing.

Continue reading the summary here.

Elnaggar v. Allard: 3rd Circuit Affirms District Court’s Holding in Student Loan Collections Case

A consumer sued a collection law firm claiming it violated the Fair Debt Collection Practices Act by sending him a misleading message, engaging in unfair litigation tactics, and withholding his academic transcript. The district court dismissed the amended complaint for failure to state a claim upon which relief can be granted. The consumer appealed the district court’s decision.

Continue reading the summary here.

Wood v. Security Credit Services: Dispute Code Does Not Violate FDCPA

An Illinois district court granted summary judgment and found that the furnisher’s use of XH dispute code did not violate the FDCPA where the furnisher sent an investigation letter and the consumer did not respond.

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].

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