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.
05/31/2024 2:15 P.M.
2 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 29-31:
May 29:
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 case summary here.
Spira v. TransUnion: Court Finds Consumer Failed to State an FCRA Claim Regarding Misapplied Mortgage Payments Appearing as Delinquent on His Credit Report
The court found that the consumer’s dispute centered on whether a mortgage servicer had the right or the obligation to hold his mortgage payments and allow the debt to go unpaid and be reported as such, which was an issue that a CRA was not required to resolve.
Continue reading the case summary here.
May 30:
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.
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 summary here.
May 31:
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.
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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