A summary of recent top FCRA, TCPA and FDCPA cases from ACA. Editor’s note: This article is available for members only. 01/21/2022 12:00 P.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 […]
The 9th Circuit Court of Appeals affirmed a district court’s finding that the LiveVox system did not qualify as an ATDS merely because it stored pre-produced lists of telephone numbers in the order in which they were uploaded. 01/20/2022 1:30 P.M. 3.5 minute read Meier v. Allied Interstate LLC, c/o Ct Corp. Sys., No. 20-55286, […]
The consumer received a letter stating certain types of payments could be charged a convenience fee. The consumer sued claiming this language violated the FDCPA. The debt collector moved to dismiss. 01/20/2022 1:00 P.M. 2 minute read Bodovinac v. McCarthy, Burgess & Wolff, Inc., No. 220CV02211JADEJY, 2022 WL 171197 (D. Nev. Jan. 18, 2022) By […]
A California district court found a consumer sufficiently stated a cause of action under the RFDCPA by alleging that the defendant charged her “convenience fees” to make payments over the phone that were not authorized in the loan agreement or permitted by law. 01/19/2022 3:45 P.M. 3.5 minute read Martindale v. MegaStar Fin. Corp., No. […]
The consumer disputed a debt that was the result of an alleged identity theft. The consumer alleges that the data furnisher reported inaccurate information to the consumer reporting agencies and failed to conduct a reasonable investigation. 01/19/2022 3:20 P.M. 4 minute read Hopkinson v. Pennsylvania Higher Educ. Assistance Agency, No. 19-CV-12290-IT, 2022 WL 104912 (D. […]
If a consumer includes claims in a state action that make removal to federal court proper, the consumer cannot then defeat federal jurisdiction by dropping those claims. 01/19/2022 3:15 P.M. 3.5 minute read Sanchez v. Hertz Car Sales, No. 4:21-CV-00691 O-BP, 2021 WL 6274591 (N.D. Tex. Dec. 6, 2021), report and recommendation adopted sub nom. […]
While courts almost always find for the debtor when considering whether language in a letter sent to a debtor constitutes a “representation or means” used “in connection with the collection of” a debt, this case demonstrates there are limits to this basis for a claim. 01/17/2022 4:00 P.M. 3.5 minute read Davis v. Portfolio Recovery […]
The consumer received a writ of garnishment twice in the mail for a debt that was owed by someone with the same name as the consumer but had a different Social Security number. The collection law firm claimed the second mailing happened due to a bona fide error. The court disagreed. 01/17/2022 3:45 P.M. 3.5 […]
A Georgia district court denied the defendants’ motion for attorney’s fees, finding that there was no evidence that the case was brought in bad faith or for the purposes of harassment. 01/13/2022 2:30 P.M. 3 minute read Stanley v. A Surgeon’s First Assistance, LLC & Forte, No. 3:20-CV-7 (CAR), 2022 WL 109977 (M.D. Ga. Jan. […]
A debtor’s success on her affirmative defense that a claim is stale is insufficient to render the claims “groundless” for the purpose of assessing attorney’s fees. 01/12/2022 4:30 P.M. 3 minute read In re: LVNV Funding, LLC v. Andrade-Garcia, No. 17-BK-15277-ABL, 2022 WL 98048 (B.A.P. 9th Cir. Jan. 11, 2022) By Betsy Clarke — Compliance […]
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