A rundown of recent top FCRA, TCPA and FDCPA cases from ACA.
08/25/2023 10:30 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 Aug. 22-25:
Tessu v. Adapthealth: Maryland Court Finds Wireless Phones are Residential Phones Under the TCPA Do-Not-Call Restrictions
A Maryland district court held that consumers who register their wireless phones on the federal Do-Not-Call Registry can bring claims under the TCPA’s restrictions for residential lines.
Barton v. LeadPoint: Ninth Circuit Affirms Dismissal But Reverses Award of Attorneys’ Fees in TCPA Case
A consumer sued a telemarketer and its affiliate, alleging that they violated the TCPA by sending him unsolicited text messages after he asked them not to contact him. He appealed the district court’s order granting the telemarketer and its affiliate’s motion to dismiss and awarding them attorneys’ fees.
Continue reading the case summary here.
Ebaugh v. Medicredit: Court Finds No Standing for Emotional Harms
A consumer’s alarm, worry, confusion, emotional distress, loss of sleep, and alleged out-of-pocket expenses resulting from her receipt of a collection notice were not concrete injuries meeting the Article III standing requirements.
Nelson v. Experian: CRA’s Failure to Update Consumer’s Personal Information Not Negligent or Willful
A consumer sued a CRA for violating the FCRA after it failed to correct inaccurate personal identification information on the consumer’s credit report—i.e., her maiden name, address and Social Security number—in violation of 15 U.S.C. Section 1681i.
Trim v. Reward Zone: 9th Circuit Finds a Text Message is Not an Artificial or Prerecorded Voice as Contemplated by the TCPA
The 9th Circuit held that the terms “artificial or prerecorded voice” as used in Section 227(a) of the TCPA are intended to mean an actual, audible sound and are not intended to include a metaphorical component such as a medium of expression like text messaging.
Dabbah v. Jefferson Cap. Sys.: Settlement Offer in Collection Letter Not False or Misleading
A consumer received a collection letter that contained a settlement offer. The consumer claimed the letter was confusing and could have two meanings, thus making the letter false, deceptive, unfair and/or misleading.
Ginsberg v. I.C. System: Court Denies Safe Harbor in Model Validation Notice Case
A court held that a consumer stated a sufficient claim by alleging that an undated validation letter violated the FDCPA because the references to “today” and “now” in the letter created confusion due to the omission of a date.
Guthrie v. PHH Mortg. Corp: Fourth Circuit Finds Bankruptcy Did Not Preempt Consumer’s State Law Claims
A consumer sued a debt collector for attempting to collect a debt that had been discharged in bankruptcy. The consumer sued the debt collector in district court and the court granted the debt collector’s motion for summary judgment. The consumer appealed the decision.
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