Daily Decision Recap: Ninth Circuit Rules Against ‘Serial’ TCPA Litigant

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 dailydecision@acainternational.org.

Here are the cases covered May 3-6.

Ewing v. Pollard: Ninth Circuit Rules Against ‘Serial’ TCPA Litigant

The 9th Circuit affirmed the district court’s grant of summary judgment in favor of the defendant, noting that the record demonstrated “evidence of undue delay, bad faith, and a dilatory motive” on the part of the plaintiff.

Continue reading the summary here.

Tinsley v. Fairway: Court Finds Consumer Need Not Allege Lawsuit Filed in Bad Faith to Prove FDCPA Violation

A debt collector continued to demand payment after the consumer’s attorney noted the debt was a result of stolen checks and that her account was closed at the time of the transaction.

Continue reading the summary here.

Randolph v. Congress Collection: Court Tosses FDCPA Claims for Lack of Article III Standing

A Michigan district court found a consumer’s claims of “emotional anguish, anxiety, pain and suffering” over a statement in a collection letter were insufficient to confer Article III standing.

Continue reading the summary here.

Valenzuela, v. Medicredit: Court Declines to Award Fees to Debt Collector After Winning Summary Judgment Motion

Court did not award attorney’s fees to debt collector because consumer’s actions did not meet the standard for bad faith filing under the FDCPA.

Continue reading the summary here.

Williams v. Aetna: Court Finds Child Support is Not a Debt Under the FDCPA

The court found the pro se plaintiff failed to state a cognizable FDCPA claim in relation to child support obligations.

Continue reading the summary here.

Violette v. Citibank: Court Finds No Jurisdictional Issue, Sends Case Back to State Court

The consumer in this case attempted to file a lawsuit against a data furnisher in state court. The data furnisher attempted to have it removed to federal court, which held that there was no question of federal jurisdiction because the consumer was suing for breach of contract and did not allege any federal law violations.

Continue reading the summary here.

Woods v LVNV: Collector Wins SJ on FCRA and FDCPA Claims

Court granted collector’s motion for SJ on FDCPA and FCRA claims after consumer failed to show evidence that debt was from a consumer account and failed to document violations.

Continue reading the summary here.

Lerner v. Amerifinancial: Another Court Finds Subject Matter Jurisdiction in TCPA Case

A Maryland district court found the U.S. Supreme Court’s decision in AAPC did not invalidate the entirety of Section 227(b)(1)(A)(iii) of the TCPA.

Continue reading the summary here.

Smith v. Bank of NY Mellon: Court Finds Foreclosure Action Not Debt Collection Under the FDCPA

The consumer claimed foreclosure attorneys violated the Fair Debt Collection Practices Act and Washington Consumer Protection Act by attempting to foreclose on a time-barred mortgage debt.

Continue reading the summary here.

Michigan Urgent Care v. Medical Security Card: TCPA Motion to Dismiss Denied

Michigan court rejects TCPA defendant’s motion to dismiss and finds the court has subject matter jurisdiction of claims involving faxed advertisements.

Continue reading the summary here.

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