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Breaking News:
ACA International Seeks Candidates for 2012/13 Board of Directors
Top Headlines
FCC Leaders Appeared Before the Senate Commerce Committee
Senators questioned the five person commission about issues facing the FCC.
Federal Reserve Bank Warns of Consumer Scam
ACA members have experienced attempts at using Atlanta Fed account to pay bills.
Consumer Must Demonstrate Third-Party Disclosure to Establish a Violation
A complaint must allege a third party received or understood a communication to establish a violation under the FDCPA.
Unintended Recipient of Call is “Called Party” Under the TCPA
Court finds a recipient of a call to a wireless phone who was not the intended recipient has standing to bring a claim under the TCPA.
Statute of Limitations on TCPA Claims
District court finds the federal four-year statute of limitations applies to TCPA claims brought in federal court pursuant to federal question jurisdiction.
Assignee is Not a Creditor Under the FDCPA
Identifying an assignee of a debt as a creditor may constitute a false representation under the FDCPA.
“In Writing” Requirement Must Be Included in Validation Notices
Failing to disclose in a validation notice that verification requests must be submitted in writing violates the FDCPA.
Failure to Possess License Does Not Violate FCRA
The failure to possess a license, without more, does not constitute a false pretense under the FCRA.
Frivolous Dispute Did Not Require Furnisher to Mark Account as Disputed
Only meritorious or bona fide disputes trigger a data furnisher’s duty to mark an account as disputed under the FCRA.
Offer of Judgment Fails to Moot Consumer’s Claims
To successfully moot a plaintiff’s lawsuit, a Rule 68 offer of judgment must include all of the relief to which the plaintiff would be entitled.
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