A rundown of recent top FCRA, TCPA and FDCPA cases from ACA.
11/22/2023 2:02 P.M.
2 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 Nov. 21-22:
Decker v. United Collection Bureau: Informing the Consumer Her Balance May Change Due to Accruing Interest Does Not Violate the FDCPA
A consumer received a collection letter that stated her balance may change because of interest. It also stated her account balance and her minimum payment were due. The consumer claimed this was confusing and in violation of the FDCPA.
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.
Continue reading the case summary here.
Loeffler v. Wong Fleming PC: Undated MVN Suit Falls on Motion to Dismiss
A judge in the Southern District of New York dismissed an undated model validation notice case finding that the Reg F safe harbor did not preclude FDCPA claims, but that the letter nevertheless did not violate Sections 1692d, 1692e, 1692f, or 1692g of the FDCPA.
Roberts v. Carter-Young: Data Furnisher’s Investigation Reasonable Under the FCRA
A consumer claimed she did not owe a debt to her landlord after moving out of her apartment. The debt was reported to the CRAs, and the consumer disputed it. She claimed the data furnisher should have done a more thorough investigation for it to be considered a reasonable investigation under the FCRA.
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.