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Williams v. USAA Savings Bank: Court Finds Data Furnisher’s Actions May Have Damaged Consumer’s Credit Worthiness

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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 […]

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Gomez v. Forster & Garbus: Court Grants Summary Judgment on Liability to Consumer, Jury to Decide Actual Damages

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A debt collector obtained a judgment against someone whose name was substantially similar to the consumer in this case. Once the debt collector began garnishing the consumer’s bank account, she disputed the debt and ultimately provided the debt collector with an affidavit of identity theft. The consumer filed a lawsuit claiming violations of the FDCPA. […]

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Seventh Circuit Clarifies Standards for ‘Consumer Debt’ and ‘Misrepresentation’ in Identity Theft FDCPA Cases

 

This decision substantially strengthens the “false or misleading” standard in identity theft cases. 03/25/2022 1:30 P.M. 4 minute read By Joshua C. Dickinson and Kyle Klucas Spencer Fane LLP In Woods v. LVNV Funding, the 7th Circuit Court of Appeals clarified two standards for Fair Debt Collection Practices Act claims in identity theft cases. First, […]

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A Refresher on Working with Debts Related to Identity Theft

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ACA International members should review FTC identity theft reports that consumers may submit during account resolution, and remember that, in most cases, a police report is not required. 02/16/2022 10:15 A.M. 2 minute read A new California law requires a debt collector to cease collection activities until it completes a review of a Federal Trade […]

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