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.
12/08/2023 2:10 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 Dec. 5-8:
Santos v. Healthcare Revenue Recovery Grp: 11th Circuit Holds That Consumers Do Not Have to Prove Actual Damages to Recover Statutory Damages Under the FCRA
Joining every other circuit to address the same issue, the 11th Circuit finds that a consumer does not have to prove actual damages in order to recover statutory damages under the FCRA.
Miller v. Crisis Collection Mgmt.: Ninth Circuit Finds Judgment Was Not Properly Renewed Under State Law
A consumer contested the district court’s decision that a debt collector had properly renewed an old judgment against him.
Continue reading the case summary here.
Sanders v. American Coradius International: Court Finds 16 Calls Over 30 Days Did Not Violate the FDCPA
A New Jersey district court found that 16 calls over a 30-day period did not rise to harassment under Section 1692d(f) of the FDCPA.
Heidelberger v. Illinois River Ranch POA: Creditor Did Not Qualify as Debt Collector Under False Name Exemption
A consumer claimed that a creditor engaged in deceitful collection activity that violated the FDCPA.
Smith v. Assurance IQ: Court Allows Consumer to Pursue Treble Damages in TCPA Case
A consumer received several wrong number calls intended for someone named Peter Marshall. The consumer sued the company for violating the TCPA and asked for treble damages.
McCarthy v. First Credit Resources: Court Finds Repossession Did Not Violate the FDCPA
A Pennsylvania district court found that a plaintiff’s FDCPA and related state law claims failed because she was unable to show that the defendants breached the peace or otherwise lacked a present right to take possession of her vehicle.
Texidor v. Tromberg, Morris & Poulin: Court Holds Consumer Stated a Claim for Bad Service of Process
A debt buyer attempted to collect on a 12-year-old judgment from a consumer. The consumer claimed that she never received service.
Braver v. Diversified Adjustment Service: Court Finds No Standing for Claims Related to Undated MVN
A New York district court dismissed a consumer’s FDCPA claims, finding that he failed to allege he suffered a concrete injury resulting from the receipt of a model validation notice that lacked a date showing when the form was generated.
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.