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.
06/14/2024 4:15 P.M.
3 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 11-14:
June 11:
Levy v. Law Offices of Henry Nierman: Court Finds Hiring an Attorney to Defend Against an Unlawful Subpoena Was Sufficient Injury for Article III Standing
A New York federal district court found that an FDCPA plaintiff who has been the subject of an “improper lawsuit” can assert standing on the basis of “legal fees and related costs incurred in the [underlying] action.”
Continue reading the case summary here.
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 case summary here.
June 12:
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 summary here.
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 summary here.
June 13:
Mhrez v. Convergent Outsourcing: New Jersey Superior Court Rejects Plaintiff’s FDCPA Letter Vendor Claim
The court found that even when providing every favorable inference to the allegations in the plaintiff’s complaint about the defendant’s use of a letter vendor, nothing about the defendant’s conduct was abusive, deceptive or unfair under the FDCPA.
Continue reading the summary here.
Froneck v. Experian: Court Finds Furnisher’s Investigation Was Reasonable
A consumer sued a data furnisher for incorrectly reporting her mortgage status after she filed for bankruptcy.
Continue reading the summary here.
June 14:
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.
Buruk v. Experian: Court Compels Arbitration With Experian Due to Arbitration Agreement Between Consumer and Its Affiliate
A consumer sued Experian as well as other CRAs and data furnishers for violations of the FCRA related to identity theft. Experian moved to compel arbitration because the consumer had signed a contract containing an arbitration agreement with Experian’s affiliate.
Continue reading the summary here.
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