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.
06/07/2024 3:45 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 June 4-7:
June 4:
Munoz v. Witt: Court Finds Verification Information Was Sufficient Under the FDCPA
The court granted the defendant’s motion for summary judgment, holding the information it sent in response to the plaintiff’s verification request was more than adequate to meet the FDCPA’s requirements.
Continue reading the case summary here.
Garcia v. Equifax: Court Allows Expert Testimony for Credit Reporting Agency
A consumer moved to exclude the opinions of the defendant’s expert witness. The defendant opposed the motion.
Continue reading the case summary here.
June 5:
Campos v. William Rush and Associates: Court Finds Return Text by Consumer Constituted a Written Cease Communication Request Under the FDCPA
A middle district granted a default judgment to a consumer finding that because the defendant both initiated and continued a text messaging conversation with the plaintiff, the court could reasonably infer that the defendant accepts electronic communications from consumers—thus, the plaintiff’s notification was “in writing.”
Continue reading the summary here.
Sires v. Midland: Court Finds Debt Collector Entitled to Bona Fide Error Defense
A consumer claimed that a debt collector misrepresented that she owed a debt. The debt collector moved for summary judgment on liability, invoking the bona fide error defense under the FDCPA.
Continue reading the summary here.
June 6:
Makhnevich v. Novick Edelstein Pomerantz: 2nd Circuit Finds Consumer Failed to Prove Her FDCPA Claims Were Not Time-Barred
A consumer appealed a district court opinion that her FDCPA claims were time-barred.
Continue reading the summary here.
Palmer v. HSBC Bank: Court Finds No FCRA Violation for Accessing a Credit Report When the Defendant Made a Firm Offer of Credit
The 9th Circuit held that a consumer generally has standing to pursue a claim under the FCRA that the defendant used improper access of a credit report, but in this case, there was no FCRA violation because the defendant’s use of the credit report was tied to a firm offer of credit.
Continue reading the summary here.
June 7:
Ostojich v. Specialized Loan Servicing: Court Finds Consumer Disputed Her Debt Under the FDCPA
Two consumers alleged that a debt collector submitted false information about their home mortgage loan to CRAs in violation of the FDCPA.
Continue reading the summary here.
Cook v. Truist: Court Finds Plaintiff’s FDCPA Claims Are Barred by Res Judicata
Applying the doctrine of res judicata, a Maryland federal district court held that the consumer’s FDCPA claims were precluded.
Continue reading the summary here.
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