We’ve rounded up the most-read Daily Decisions of the year from ACA International’s compliance team.
12/13/2023 3:30 P.M.
3.5 minute read
No longer reserved for lawyers with Westlaw subscriptions, ACA’s Daily Decisions showcase the legal decisions that could impact your business and operations. Each day our compliance team selects cases to share—free—only with members. Check out the extensive library on our website and look for them in each issue of the ACA Daily e-newsletter.
As we bid farewell to 2023, we dug into our online analytics to highlight the top 10 Daily Decisions that captivated our readers this year. The list features pivotal decisions related to Hunstein, the model validation notice, data furnishing and more.
Enjoy this list of the year’s most-read Daily Decisions:
No. 1: Roger v. GC Servs.: Judge Denies Safe Harbor in Model Validation Notice Case
A court held that a consumer stated a sufficient claim that an undated validation letter violated the FDCPA because the letter stated the total sum due on an earlier date and the sum due “now” without explaining how the sums were calculated. By Betsy Clarke, Feb. 22, 2023
A consumer alleged that a loan servicer violated state and federal law when it reported that she defaulted on her mortgage when, in fact, she made all her required payments. By Laura Dadd, May 8, 2023
No. 3: 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 and creditor and reported to CRAs. 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. By Laura Dadd, June 27, 2023
No. 4: Valentine v. Mullooly, Jeffrey, Rooney & Flynn: No Standing for Alleged FDCPA Informational Injury
A New Jersey district court found that a consumer lacked standing for her claims that a collection letter violated the FDCPA. By Andrew Pavlik, March 20, 2023
The 3rd Circuit held that a plaintiff had standing to pursue FDCPA claims based on an allegedly misleading collection notice but found that notice was not, in fact, misleading. By Andrew Pavlik, April 19, 2023
No. 6: Church v. J Ritter Law P.C.: Consumer’s Monetary Harm of $7.38 Confers Article III Standing
A consumer received a letter from a collection attorney. The consumer spent $7.38 to send the attorney a dispute letter and sued the attorney in state court for violating the FDCPA. The attorney attempted to have the case removed and the consumer opposed the action, citing lack of standing.
By Laura Dadd, July 10, 2023
No. 7: Quaglia v. SN Servicing: Illinois State Court Tosses Hunstein Claims
A state court in Cook County, Illinois, found that a consumer’s claims failed as a matter of law because the defendants’ communication of private information to a letter vendor was not a communication made in an attempt to collect a debt. By Andrew Pavlik, July 6, 2023
No. 8: 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. By Andrew Pavlik, Aug. 24, 2023
No. 9: Aguilar v. Mandarich Law: Court Finds California RFDCPA Requires a Materiality Showing
A California state appellate court applied the FDCPA’s materiality standard in upholding a lower court’s decision to grant debt collector’s anti-SLAPP motion. By Betsy Clarke, Jan. 19, 2023
A consumer wrote a collector several years after the end of the initial validation period to dispute a debt and also directed the collector to not contact her about the debt. The court found the collector was no longer obligated under the FDCPA to provide the consumer with verification of the debt, and that the collector violated the FDCPA by writing to the consumer. By Betsy Clarke, March 13, 2023
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