A rundown of recent top FCRA, TCPA and FDCPA cases from ACA.
06/09/2023 10:15 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 June 6 – 9:
June 6:
Williams v. Resurgent: Court Finds Collection Notice Did Not Violate the FDPCA
A South Carolina district court held that a collection notice’s statement that the debt collector had “initiated a review” was not false, deceptive, or misleading, and did not overshadow the collection notice’s validation language.
Continue reading the case summary here.
Rockey v. Med-1 Sols.: Collector Denied Bona Fide Error Defense on Appeal
A consumer claimed that a debt collector failed to stop communicating with her regarding a debt in violation of the Fair Debt Collection Practices Act. Both parties moved for summary judgment, and the trial court denied the consumer’s summary judgment motion and granted the debt collector’s summary judgment motion, stating the debt collector was protected by the bona fide error defense. The consumer appealed.
Continue reading the case summary here.
June 7:
Rider v. Stillmam: Hiring an Attorney to Defend Against a State Debt Collection Action is Sufficient Injury for Standing
A Michigan district court found that a plaintiff established that he suffered a concrete harm when he alleged that he had to hire an attorney to defend against an unlawful collection action that was filed against him in state court.
Continue reading the summary here.
Gebreseralse v. Columbia Debt Recovery: Court Denies Debt Collector’s Bona Fide Error Claim
A consumer sued a debt collector for sending allegedly misleading letters to her in an attempt to collect a debt.
Continue reading the summary here.
June 8:
Shoemaker v. American Technology Services: TCPA Was Not Rendered Unenforceable by AAPC
A Pennsylvania district court held that plaintiffs have standing to raise TCPA claims arising during 2015-2020 when the government exception was still in effect because AAPC did not render the entirety of the TCPA unconstitutional.
Continue reading the summary here.
New Capital Home v. Kogut: Illinois Appellate Court Affirms Circuit Court Holding That Consumers Were Properly Served in Eviction Case
Four consumers petitioned the court to vacate the eviction order against them. The court denied the consumers’ petition, and the consumers appealed the decision.
Continue reading the summary here.
June 9:
Dickson v. Direct Energy: 6th Circuit Finds One Ringless Voicemail is Enough
for Standing
The 6th Circuit held that the receipt of one unsolicited ringless voicemail was enough for Article III standing under the TCPA.
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.
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