A consumer disputed a trade line on her credit report and later found that the debt collector did not mark it as disputed. She assigned her FDCPA claim to a third party who sued the debt collector in court. The debt collector moved to dismiss for lack of standing. 02/01/2023 3:10 P.M. 3 minute read […]
Unlike other sections of the FDCPA, Section 1692g(a)(3) does not require a debtor’s denial of the validity of the alleged debt to be in writing. Accordingly, the defendant violated the statue when he informed a consumer that unless he notified the collector in writing that he disputed the validity of the debt, the collector would […]
A consumer claimed his credit report was riddled with factual inaccuracies. He also claimed a data furnisher did not reasonably investigate his dispute as it did not review the letter that was included in the dispute sent to the data furnisher by the CRA. 01/25/2023 4:10 P.M. 2.5 minute read Vaughn v. Transit Employees Federal […]
A consumer disputed that he owed two different debts to the same creditor, which were then sent to a debt collector for collection. The debt collector reported the debts to the CRAs. The consumer claimed the debt collector did not perform a reasonable investigation into his accounts, and the debt collector moved for summary judgment. […]
A consumer’s assertions that a law firm engaged in fraudulent billing when it submitted an invoice for services did not provide necessary factual allegations to support the consumer’s legal claims that a collection agency retained by the law firm violated the FCRA by furnishing information to credit reporting agencies about the overdue invoice from the […]
An Illinois district court held that CRAs are not required as part of their reinvestigation duties to render a legal opinion on the legal validity of a consumer’s alleged debt. 12/08/2022 2:40 P.M. 3 minute read Parker v. Experian Information Solutions, Inc., & Equifax Information Services, LLC, No. 22 C 1768, 2022 WL 17487824 (N.D. […]
A consumer claimed that a data furnisher did not perform a reasonable investigation when she disputed a charged-off overdraft on her checking account. The data furnisher moved to dismiss. 12/08/2022 2:35 P.M. 3 minute read Monroe v. Grow Financial Federal Credit Union No. 8:22-CV-1333-WFJ-JSS, 2022 WL 17417034 (M.D. Fla. Dec. 5, 2022) By Laura Dadd […]
When a furnisher is investigating a dispute, the FCRA does not require perfection, only a reasonable response. If a consumer only made vague allegations of discrepancies in her account statement, did not indicate the underlying reason why the charges on the bill were possibly not incurred by her, and did not articulate what the perceived […]
A consumer sued a data furnisher because a tradeline on her credit report showed that a debt that had been settled was being reported as 120 days delinquent, and that it was settled for less than the full balance. 12/05/2022 4:25 P.M. 3.5 minute read Sanchez v. JPMorgan Chase Bank NA, No. CV-21-00896-PHX-JAT, 2022 WL […]
An Illinois district court held that the defendants violated the FDCPA as they reported the plaintiff’s debt to a CRA without noting the debt’s disputed status. 11/30/2022 3:30 P.M. 4 minute read Thomas v. LVNV Funding, LLC, No. 21 CV 1948, 2022 WL 17093386 (N.D. Ill. Nov. 21, 2022) By Andrew Pavlik – Compliance Analyst […]
If a consumer disputes the underlying legality of a debt, a furnisher is not required to address this issue as part of its investigation of a dispute. 11/29/2022 3:40 P.M. 3.5 minute read Plater v. Phoenix Financial Services, 22-cv-00688, 2022 WL 17253655 (W.D. Okla., Nov. 28, 2022) By Betsy Clarke—Compliance Attorney Note: ACA provides Daily […]
A consumer disputed two charges on his credit card, maintaining that he was the victim of identity theft. The data furnisher reviewed the consumer’s information and determined that the consumer was liable of the charges. The consumer sued the data furnisher, claiming that it did not conduct a reasonable investigation. 11/16/2022 4:00 P.M. 4 minute […]