A rundown of recent top FCRA, TCPA and FDCPA cases from ACA. Editor’s note: This article is available for members only. 09/23/2022 1:30 P.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 […]
ACA has had many successes through the Industry Advancement Fund thanks in large part to members. To build on that success, members can make voluntary contributions to the fund. 09/21/2022 10:30 A.M. 2 minute read You can now make contributions to the Industry Advancement Fund (IAF) to help protect our industry for use as needs […]
Key takeaways from ACA members, including how the opinion will affect future litigation. 09/20/2022 3:45 P.M. 7.5 minute read Now that the long-awaited ruling in Hunstein v. Preferred Collection & Management Services is out, many ACA International members are wondering how this decision will impact their business operations—or, in some cases, the copycat cases they are currently fighting. […]
A consumer defaulted on her credit card debt, which was ultimately sold to a debt buyer. The debt buyer sued the consumer in state court using a third-party attorney. The court found that the debt buyer had not provided evidence of its ownership of the debt. The consumer sued the debt collector for violating the […]
The court found a settlement offer in a dunning letter did not overshadow the required validation notice because the validation was printed on the front page and in the same font and size as the remainder of the letter; the notice contained all required language; and the letter did not suggest that the consumer had […]
A Kentucky district court dismissed a consumer’s FDCPA claims, finding that she failed to show that her confusion should be considered a cognizable injury or an independent injury in fact. 09/15/2022 1:30 P.M. 3.5 minute read Toogood v. The Receivable Mgmt., Servs., LLC, No. 3:20-CV-93-RGJ, 2022 WL 4237500 (W.D. Ky. Sept. 14, 2022) By Andrew […]
A Minnesota district court joined other circuits in holding that the FCRA imposes a duty on furnishers to avoid material omissions even if a consumer’s credit report is technically accurate, and that failing to flag an account as disputed in response to an indirect dispute by a consumer can violate the FCRA because it may […]
A consumer received a bill for ambulance services and sued the debt collector alleging the billing letter contained several FDCPA violations. Both parties moved for summary judgment. 09/14/2022 2:30 P.M. 4 minute read By Laura Dadd – Compliance Analyst Note: ACA provides Daily Decisions as an educational benefit for members. The information presented in the […]
A North Carolina district court denied a debt collector’s motion for summary judgment, in part, finding there was a material fact issue as to whether the defendant failed to note the plaintiff’s debt as disputed when it reported information to the CRAs. 09/14/2022 1:30 P.M. 4.5 minute read Richmond v. Medicredit, Inc., No. 521CV00068KDBDSC, 2022 […]
For purposes of determining the statute of limitations, because a collection lawsuit was originally filed by a company pro se and there was no basis for attributing the company’s conduct to its law firm, alleged violations of the FDCPA arising out of the lawsuit only accrued against the law firm once it filed an amended […]
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