Each week, ACA International’s compliance team covers relevant case summaries for ACA members. Here’s a rundown of recent top FCRA, TCPA and FDCPA cases we’ve covered.
05/03/2024 2:10 P.M.
2.5 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 cases covered April 30-May 3:
April 30:
Osorio v. Transworld Systems: 3rd Circuit Finds No Standing for Confusion
The 3rd Circuit doubled down on its previous ruling in Huber v. Simon’s Agency, Inc, finding that a plaintiff’s mere confusion, without more, could not form the basis for Article III standing.
Continue reading the case summary here.
Keller v. Experian: CRAs Not Required to Make Legal Determinations When Investigating Disputes
A consumer sued a CRA for failing to reinvestigate his dispute.
Continue reading the case summary here.
May 1:
Brown v. Brock & Scott, PLLC: Court Finds Plaintiff’s Dispute Acted as a Waiver of Her Cease Communication Request
A Georgia federal district court held that the plaintiff’s explicit requests for verification of her debts after her cease communication letter amounted to a waiver of her protection under Section 1692c(c) of the FDCPA.
Continue reading the summary here.
Morrow v. TransUnion: Consumer Report Obtained for Personal and Business Purposes is Subject to Claims Under the FCRA
A consumer sued two CRAs for failing to investigate and remove false information from her credit report.
Continue reading the summary here.
May 2:
Barclays Bank Delaware v. Schmaltz: Consumer Fails to Remove Case From State Court
A consumer, who was a defendant in a state collection action, had the case removed to federal court. The creditor requested that the court remand the case to state court.
Continue reading the summary here.
Grenadyor v. Discovery Financial Services: Court Finds CRA Did Not Violate the FCRA by Continuing to Report a Debt Despite Issuing a 1099-C on the Account
The court held that whether the issuing of a 1099-C canceled a debt was a legal rather that a factual dispute, which CRAs are neither qualified nor obligated to resolve.
Continue reading the summary here.
May 3:
Charles v. Portfolio Recovery Assocs.: 9th Circuit Holds Debt Buyer is Able to Enforce Arbitration Provision in Contract
A consumer appealed the district court’s decision that allowed a debt buyer to enforce an arbitration clause contained in the original contract.
Continue reading the summary here.
Emel v. TrueAccord: Court Finds No Standing for Allegedly Misleading Collection Email
A Pennsylvania federal district court granted a debt collector’s motion of summary judgment on a consumer’s FDCPA claims, finding the consumer’s confusion stemming from an allegedly misleading collection notice sent to her via email was not a concrete harm.
Continue reading the summary here.
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