Recent Top FCRA, TCPA, and FDCPA Cases Covered by ACA International’s Compliance Team
Are you a member of ACA International? If so, you have access to a wealth of valuable information through their compliance team’s weekly case summaries. These summaries cover important legal cases related to the Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), and Fair Debt Collection Practices Act (FDCPA).
Let’s take a look at some of the recent top cases that were covered by ACA International’s compliance team:
On July 9th, Brown v. Apex Asset Management addressed the issue of whether sending a debt verification letter after a cease communication request violates the FDCPA. The court ruled in favor of the debt collector, stating that it did not violate the law.
In Warren v. Pentagon Federal Credit Union, the court found that lenders are not required to respond to negotiations from credit counseling agencies, dismissing the consumer’s complaint.
On July 10th, Smitherman v. Midland Credit Management dealt with letters sent in response to a consumer’s dispute and cease communication request. The court ruled that these letters did not violate the FDCPA.
In Ross v. Siegert, the court determined that collection letters were not harassing, oppressive, or abusive, and therefore did not violate the FDCPA.
On July 11th, Kirk v. Credit Management addressed a situation where a debt collector responded to a consumer’s dispute via regular mail instead of email, finding that it did not violate the FDCPA or Reg F.
Finally, on July 12th, Burgess v. RAB discussed whether a debt resulting from a cash advance for an anticipated sales commission qualified as a “debt” under the FDCPA. The court ruled that it did not meet the definition.
These cases provide valuable insights into how the law is applied in the context of debt collection and credit reporting. If you are an ACA member, you can access more case summaries and compliance resources on the Industry Advancement Fund webpage.
If you have recently obtained a judicial opinion that you believe could benefit other ACA members, you can email it to the compliance team for consideration.
Join the discussion on legal and compliance topics with your fellow members on the Members Attorney Program community on The Hub. Stay informed and engaged with ACA’s Daily Decision, powered by ACA’s Litigation Advocacy and Compliance Teams.
Disclaimer: The information provided in this article is for informational purposes only and should not be considered as financial advice. The content is based on general research and may not be accurate, reliable, or up-to-date. Before making any financial decisions, it is recommended to consult with a professional financial advisor or conduct thorough research to verify the accuracy of the information presented. The author and publisher disclaim any liability for any financial losses or damages incurred as a result of relying on the information provided in this article. Readers are encouraged to independently verify the facts and information before making any financial decisions.