Hear from ACA’s compliance team on all things CFPB during this ACA Huddle for members. Topic: The ACA Huddle Start Time: Jun 8, 2022 10:44 AM Meeting Recording Access Passcode: @M==4Atj ACA International’s compliance team joined a recent ACA Huddle to talk about recent activity at the Consumer Financial Protection Bureau and judicial decisions impacting […]
A summary of recent top FCRA, TCPA and FDCPA cases from ACA. Editor’s note: This article is available for members only. 6/3/2022 9:00 A.M. 3.5 minute read Here are the cases covered May 31-June 2. June 1 Hejamadi v. Midland Funding: Debt Buyer Wins Motion to Compel Arbitration A debt buyer bought a consumer’s defaulted […]
To determine an award of attorney fees in an FDCPA class-action case, the 10th Circuit uses the percentage-of-the-fund method rather than the lodestar method, which awards class counsel a share for the benefit achieved for the class. The court analyzes the 12 Johnson factors as the appropriate test when assessing the appropriate percentage of the […]
A consumer claimed that the debt collector exposed her personal information to a letter vendor without her permission, in violation of the Fair Debt Collection Practices Act. The debt collector had the case removed to federal court. The consumer claimed that she did not suffer an injury-in-fact and therefore her case should be remanded to […]
A New York district court found that a marina attempting to collect its own storage fees was not a debt collector under the FDCPA. 6/2/2022 8 A.M. 4 minute read Ghiazza v. Anchorage Marina, Inc., No. 19-CV-2792 (KMK), 2021 WL 4392482 (S.D.N.Y. Sept. 24, 2021) By Andrew Pavlik – Compliance Analyst Note: ACA provides Daily […]
A consumer received a collection letter from a debt collector requesting a 25% collection fee. The letter was also allegedly sent by a letter vendor. The consumer sued the debt collector for violating the FDCPA, among other things, in state court. The debt collector had the case removed to federal court and filed a motion […]
Pro se litigants are subject to sanctions for bad conduct such as simultaneously taking inconsistent positions in two pending lawsuits. Filing a motion to remand based on a lack of subject matter jurisdiction is frivolous and not made in good faith if the litigant alleged in another case that the court did have subject matter […]
A debt buyer bought a consumer’s defaulted credit card account and attempted to collect on it by filing a lawsuit in state court. The consumer responded claiming violation of the FDCPA. The debt buyer had the case removed to federal court and then moved to dismiss to enforce the arbitration clause in the original contract. […]
The court rejected a consumer’s attempt to create a dispute about her request that a credit reporting agency stop reporting an earlier dispute on her credit report. Case law didn’t support the consumer’s claim that when she unilaterally changed her mind and informed a CRA (but not the furnisher) that she no longer disputed an […]
A summary of recent top FCRA, TCPA and FDCPA cases from ACA. Editor’s note: This article is available for members only. 04/14/2022 9:45 A.M. 4 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 […]
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