ATDS claims in the TCPA action sufficient to …


Each week, ACA International’s compliance team covers case summaries relevant to ACA members. Members can also submit cases for review to our compliance team at

Here are the cases covered from October 12 to 15:

12 october

Pastian v. Internal credit systems: court reduces emotional distress compensation under FDCPA

An Ohio court reduced the amount of actual damages from $ 25,000 to $ 10,000 based on the limited extent of the plaintiff’s emotional damage, but awarded $ 60,000 in attorney fees and costs after that the collector did not oppose the plaintiff’s request for damages and costs.

Continue reading the summary here.

Noe c. Bruce: Court dismisses motion to dismiss legal action over amount of debt

The consumer in this case requested that her default judgment be amended, thereby removing the allocation of interest in the amount of 36% per annum, which was not admissible under the terms of the note. The court granted the change. The consumer then took legal action claiming that the debt collector misrepresented the debt amount and attempted to collect interest that was not due. The debt collector decided to close the case.

Continue reading the summary here.

Bordeaux c. LTD Financial Services: Disclosure of 1099-C Reports Did Not Violate FDCPA

A New Jersey district court found that a letter offering to settle a debt did not violate the Fair Debt Collection Practices Act by including a disclosure regarding the possibility of a 1099-C report. Editor’s Note: This is an archived decision.

Continue reading the summary here.

October 13

Poonja v. Kelly Services: ATDS ‘claims in TCPA action are sufficient to survive dismissal

Because a defendant typically has key facts about phone technology in the pleading state, a court has found sufficient evidence to dismiss a motion to dismiss the plaintiff’s inference that the defendant used a phone dialing system. Automatique. The plaintiff’s inference was based on the fact that the defendant had sent a generic text message using a toll-free number and included the STOP function.

Continue reading the summary here.

Smith v. Direct Building Supplies: Consumer failed to prove defendant made calls

The consumer filed a class action lawsuit alleging that he received telemarketing phone calls on his cell phone from a company that did not have his prior express consent to call him. He alleged that the company used an automatic dialing system to make these calls.

Continue reading the summary here.

Dobronski v. Total Ins. Brokers: no will under TCPA in the “Canary Islands trap”

A Michigan district court granted, in part, the debt collector’s motion to dismiss the case. The court found that, because the plaintiff had used a false name to attract a return appeal from the defendant, he had given his implied consent to a second appeal, thus eliminating the potential to triple the damages.

Continue reading the summary here.

October 14

Thome v. The Sayer Law Group: Consumer Claims Under FDCPA Establish Quality

In a decision providing an in-depth analysis of the Article III requirements for action, the Iowa District Court ruled that the allegations of a consumer’s emotional distress and eclipse were sufficient.

Continue reading the summary here.

Norman v. Bosak Motors: lowered credit score is insufficient to stand up

An Indiana district court ruled that a “lowered credit score, without more, is insufficient to constitute harm in fact sufficient to confer standing on a plaintiff.”

Continue reading the summary here.

Quaglia c. NS193 et ​​al. : Lack of standing in the Hunstein class action lawsuit

The Northern District of Illinois dismissed the lawsuit for want of jurisdiction under Section III. Separating from the other 7th Circuit courts, the court applied TransUnion v. Ramirez and questioned the merits of the ruling in Hunstein.

Continue reading the summary here.

October 15

McClain v. American Credit Resolution: Court denies damages for emotional distress

The California District Court allowed the consumer’s motion to enter a default judgment on his FDCPA claims and ordered the collector to pay his attorney fees. The court dismissed the consumer’s claim for damages based on her allegations of emotional distress because those allegations alone were not supported by any factual evidence.

Continue reading the summary here.

Joe v. Capital Link: FDCPA third party claims fail because it is not a consumer

The consumer’s mother received several calls from a debt collector regarding her daughter’s debt. After the first phone call, the consumer’s mother asked the debt collector to stop calling her, but they didn’t. The consumer’s mother filed a complaint alleging that the debt collector violated the FDCPA, TCPA, and state collection laws.

Continue reading the summary here.

Dubeck v. Marion: court finds law firm was not a debt collector in FDCPA dispute

A Nebraska district court found that a law firm that had sent only eight collection letters over a 10-year period was not a collection agent within the meaning of the FDCPA.

Continue reading the summary here.

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