A rundown of recent top FCRA, TCPA and FDCPA cases from ACA.
06/30/2023 12:30 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 June 27 – 30:
Leichliter v. Optio Sols.: One Letter Confers Article III Standing on Consumer in FDPCA Case
A consumer received a letter attempting to collect a debt after she had notified a debt collector that she refused to pay the debt. The consumer sued the debt collector for violating the FDCPA.
McDonough v. Leopold & Associates: Court Finds No Standing for Alleged Informational Injury Stemming from a Collection Notice
A Pennsylvania district court held that the plaintiff failed to show he suffered a concrete injury as a result of his receipt of a collection letter.
Hansen v. Mountain America FCU: Data Furnisher’s Information Potentially Inaccurate
A consumer incurred a credit card debt that was referred to a debt collector. Both the creditor and the debt collector reported the debt. The consumer disputed the debt with the CRAs; the creditor investigated the dispute, determined the debt was accurate and did not amend its reporting. The consumer sued the creditor for violating the FCRA.
Lavender v. Experian: Court Finds Repeated Disputes of the Same Alleged Inaccuracy Does Not Restart the FCRA’s Statute of Limitations
A Pennsylvania district court held that the plaintiff’s subsequent disputes of allegedly inaccurate information on her credit report did not restart the FCRA’s two-year statute of limitations because the disputes all pertained to the same alleged inaccuracy.
Mehl v. Green: Debt Incurred in Unlawful Detainer Action Not a Debt Under the FDCPA
A consumer alleged that he rented property after it had been foreclosed on and that a debt collector filed an unlawful detainer against him. The consumer claimed that the debt collector tried to collect a debt from him in violation of the FDCPA and FCRA.
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.
JPMorgan Chase Bank v. Alvarez: Court Denied Consumer’s Petition to Remove Case from State Court
A consumer facing an unlawful detainer action petitioned to remove the case from state court to federal court.
Stamler v. Guardian Savings Bank: Court Finds Standing for Voice Messages Left with the Wrong Consumer
An Ohio District court found that a plaintiff had standing to sue under the TCPA for voice messages left on her phone that were intended for a diffident individual.
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