As a matter of law, a debt collector is not liable under the FDCPA for the use of a registered trade, fictitious or assumed name. There is no clear statutory definition of a collection activity to guide a court in assessing whether a loan servicer’s allegedly wrongful conduct was collection activity under the FDCPA, and […]
The counsel for a collection agency removed an FDCPA case and then moved for summary judgment, arguing that the complaint demonstrated the consumer suffered only a procedural violation of the FDCPA, which was insufficient to confer Article III standing. The court found the removal was improper and ordered the counsel to pay double costs and […]
A CRA’s procedures were found reasonable as a matter of law when they relied on information obtained from reputable sources, and the information was not inaccurate on its face or otherwise inconsistent with the information the CRA already had on file. 11/21/2022 4:20 P.M. 4 minute Hammoud v. Equifax Info. Servs., LLC, 52 F.4th 669, […]
A consumer provided her information to a dealership by phone and through its website. Soon after providing this information, the consumer received several telemarketing voicemails from the dealership. The consumer called and revoked consent for one of her cellphone numbers and then filed a class-action lawsuit against the dealership. The dealership moved to have the […]
A rundown of recent top FCRA, TCPA and FDCPA cases from ACA. Editor’s note: This article is available for members only. 11/11/2022 11:30 A.M. 4.5 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 […]
A consumer claimed that a debt collector violated the FDCPA when it sent him a letter that included a 17.5% collection fee. The consumer filed a class action lawsuit against the debt collector and the debt collector moved to deny class certification. The court reviewed the case for Article III standing. 11/10/2022 3:15 P.M. 3 […]
Joining numerous courts nationwide, the court held that the use of a letter vendor, without more, is at most an injury-at-law that is insufficient for standing. 11/09/2022 3:10 P.M. 4 minute read Rabinowitz v. Alltran Fin. LP, No. CV 21-12756, 2022 WL 16362460 (D.N.J. Oct. 25, 2022) By Andrew Pavlik – Compliance Analyst Note: ACA […]
A consumer filed an action alleging a collection agency violated the FDCPA by using a third-party letter vendor. Because the collector removed the case before the final Hunstein decision, the collector had an objectively reasonable basis for believing the court had subject matter jurisdiction at the time of removal. Accordingly, the court denied the consumer’s […]
A New York district court found that a plaintiff did not have Article III standing regarding his claim of an incorrect collection amount because he did not rely on the alleged misrepresentation, nor could he show a potential risk of future harm. 10/26/2022 3:15 P.M. 4.5 minute read Rosenberg v. McCarthy, Burgess & Wolff, Inc., […]
As previously reported, a consumer was treated at a hospital for injuries sustained in a car accident. The debt collector sent the consumer a letter and the consumer sued the debt collector for attempting to collect more than what was owed on the account. The court granted the debt collector’s motion for summary judgment, and […]
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