The 9th Circuit court holds that “an ‘automatic telephone dialing system’ must generate and dial random or sequential telephone numbers under the TCPA’s plain text.” 11/17/2022 4:30 P.M. 4 minute read Borden v. eFinancial, LLC, No. 21-35746, 2022 WL 16955661 (9th Cir. Nov. 16, 2022) By Andrew Pavlik – Compliance Analyst Note: ACA provides Daily […]
The complaint argues that the department’s student loan forgiveness and associated costs impacting inflation and the economy will affect other borrowers with loans of any kind and that it is not within the department’s authority under the HEROES Act. 09/19/2022 4:00 P.M. 5.5 minute read A lawsuit in an Oregon District Court is challenging the […]
When courts in the 9th Circuit are ruling on a settlement agreement negotiated before a class action is certified, the court requires the settlement to meet a higher standard of fairness to ensure no collusion is involved. 05/26/2022 4:30 P.M. 5 minute read Russell v. Ray Klein, Inc., No. 1:19-CV-00001-MC, 2022 WL 1639560 (D. Or. […]
A court rejected a consumer’s claim that she was confused by the balance listed in collection letters as a result of not receiving previous letters related to the accounts because, under the mailbox rule, the letters were presumed to have been received by the plaintiff. 03/24/2022 3:15 P.M. 3.5 minute read Kounalis v. Credit Assoc., […]
A court sided with the majority view that a furnisher who repeatedly reports a delinquent account as charged-off is not inaccurate and has not violated the FCRA. 03/16/2022 4:00 P.M. 3.5 minute read Otto v. TransUnion, LLC, No. 6:21-CV-00379-AA, 2022 WL 787940 (D. Or. Mar. 15, 2022) By Betsy Clarke—Compliance Attorney Note: CA provides Daily […]
When considering a debt collector’s motion to dismiss state law debt collection claims, the court found that the timing and frequency of the defendant’s calls, coupled with the fact that the defendant continued to call the consumer after it allegedly received the consumer’s revocation letter, permitted the plausible inference that the defendant called the consumer […]
The court found a consumer’s allegation that a bank violated the FCRA by reporting a single charge-off of a single account over numerous months, failed to state a sufficient claim for relief because the consumer failed to show it was plausible that the furnisher’s conduct affected the consumer’s FICO score or his ability to obtain […]
An Oregon district court found that it is not inaccurate or misleading under the FCRA to report a past due payment status on a closed account. 01/27/2022 2:15 P.M. 3 minute read Khosa v. TransUnion, LLC; Equifax Info. Servs., LLC; American Education Servs., et al., No. 6:21-CV-00160-MC, 2022 WL 226809 (D. Or. Jan. 26, 2022). […]
The consumer claimed that her debt was not properly verified by the creditor and therefore, the debt collector did not have standing to sue on behalf of the creditor. The debt collector moved for summary judgment. 12/07/2021 3:00 PM 3.5 minute read Johnson v. Suttell and Hammer, P.S., No. 3:19-CV-01383-AC, 2021 WL 5748886, at *4 […]
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