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.
05/17/2024 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 May 14-17:
May 14:
Fitterer v. Resurgent Cap. Servs.: Court Finds Consumer’s FDCPA Claim Bordered ‘on the Frivolous’
A consumer claimed that a debt collector’s letter was misleading because it made false and misleading statements and did not effectively convey the amount of the debt.
Continue reading the case summary here.
Holden v. Holiday Inn Club Vacations: 11th Circuit Declines to Impose a Bright-Line Rule Under FCRA
The 11th Circuit declined to impose a bright-line rule that only purely factual or transcription errors are actionable under the FCRA. Rather, the court held that “in determining whether a claimed inaccuracy is potentially actionable under [Section 1681s-2], a court must determine … whether the information in dispute is ‘objectively and readily verifiable.’”
Continue reading the case summary here.
May 15:
Portfolio Recovery Assocs., LLC v. Arsenis: Serial Litigant Failed to State Claims Under 4th Amendment
A consumer attempted to have his debt collection case removed from state court into federal court.
Continue reading the summary here.
Harris v. Broker Sols., Inc.: 9th Circuit Finds Data Furnisher’s Investigation Was Reasonable
Two consumers appealed the district court’s order granting summary judgment in favor of the data furnisher. The 9th Circuit affirmed the district court’s decision.
Continue reading the summary here.
May 16:
Parrish v. Leithman: Court Awards Consumer $3,500 in Damages for a Default Judgment
A consumer alleged that a landlord improperly sought rent from her, and that she was harassed by a debt collector that attempted to collect a debt she did not owe.
Continue reading the summary here.
Devoe v. Frontline Asset Strategies: New Jersey District Court Denies Motion to Dismiss FDCPA Claims Based on an Undated Validation Notice
A New Jersey federal district court held that a consumer stated a claim under Section 1692g(a) of the FDCPA due to the lack of a date on a validation notice.
Continue reading the summary here.
May 17:
Van Dijen v. Equifax: Court Finds Arbitration Clause in Credit Card Contract Unenforceable in Consumer Fraud Claim
A creditor attempted to enforce an arbitration clause on a consumer who was suing them for reporting an allegedly fraudulent debt.
Continue reading the summary here.
Levy v. Client Services: Court Holds That Calls to a Consumer’s Cellphone While the Consumer is at Work Are Not Calls Made to a Place of Employment Within the Meaning of the FDCPA
A Nevada federal district court found that calls made to a consumer’s personal wireless phone while the consumer happens to be at work are not calls made to a consumer’s place of employment within the meaning of Section 1692c(a)(3) of the FDCPA.
Continue reading the summary here.
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