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Home Daily Digest

Daily Digest – July 19. CFPB Publishes Report on Third-Party Collections; NC AG Sues Agency

mikegibb by mikegibb
July 19, 2019
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CFPB PUBLISHES REPORT ON THIRD-PARTY COLLECTION INDUSTRY

  • The Consumer Financial Protection Bureau released a report on the third-party debt collection industry yesterday that contained a number of interesting nuggets and factoids, while not necessarily drawing any conclusions about the state of the industry itself.

NC AG SUES AGENCY FOR NOT HAVING LICENSE, USING CRIMINAL SUMMONS TO COLLECT

  • The Attorney General of North Carolina has filed a lawsuit and received a temporary restraining order against a series of entities owned by one individual who purchases defaulted debts from a rent-to-own chain and attempts to collect on the debts by sending unsigned criminal summonses or even going as far as to get the summonses signed using the wrong state law.

JUDGE GRANTS MSJ FOR DEFENSE IN FDCPA CASE OVER ALLEGED SOL VIOLATION

  • A District Court judge in Washington has granted summary judgment in favor of a defendant that was sued for allegedly violating the Fair Debt Collection Practices Act when it sent a collection letter to an individual to attempt to collect on a time-barred debt and did not inform the individual that any payment could revive the statute of limitations.

APPEALS COURT UPHOLDS RULING THAT COLLECTOR CAN’T ENFORCE ARBITRATION AGREEMENT IN FDCPA CASE

  • The Court of Appeals for the Third Circuit has upheld a lower court’s ruling that a third-party collection agency can not invoke the creditor’s mandatory arbitration agreement because the defendant’s request to follow the choice-of-law clause in the original cardholder agreement does not provide the proper basis to allow the defendant to enforce the arbitration agreement.

WORTH NOTING: How to decide if you need surgery and pick a surgeon … Leaving your child in a hot car is bad enough, but doing it when you’re interviewing at a Department of Child Services office … Tracking the status of baby diapers using an app … How to find out if someone is trustworthy … Toys R Us is making a comeback … Here are 45 differences between the original ‘Lion King’ and the new remake … If you need help canceling free trials … The part of Arizona that astronauts used to simulate being on the moon.

I feel the need…

Funny Friday

The Daily Digest is sponsored by Microbilt. Designed to help debt collection professionals, MicroBilt’s platform of recovery and skip tracing tools provide quick, convenient, and current data that help you prioritize and successfully track people down and collect. Keep your skip tracing and debt recovery efficient and effective! Contact us to find out about our 90 Day Try Us Program. Call 800-884-4397 or visit www.microbilt.com. 

CFPB PUBLISHES REPORT ON THIRD-PARTY COLLECTION INDUSTRY

  • The Consumer Financial Protection Bureau released a report on the third-party debt collection industry yesterday that contained a number of interesting nuggets and factoids, while not necessarily drawing any conclusions about the state of the industry itself.

NC AG SUES AGENCY FOR NOT HAVING LICENSE, USING CRIMINAL SUMMONS TO COLLECT

  • The Attorney General of North Carolina has filed a lawsuit and received a temporary restraining order against a series of entities owned by one individual who purchases defaulted debts from a rent-to-own chain and attempts to collect on the debts by sending unsigned criminal summonses or even going as far as to get the summonses signed using the wrong state law.

JUDGE GRANTS MSJ FOR DEFENSE IN FDCPA CASE OVER ALLEGED SOL VIOLATION

  • A District Court judge in Washington has granted summary judgment in favor of a defendant that was sued for allegedly violating the Fair Debt Collection Practices Act when it sent a collection letter to an individual to attempt to collect on a time-barred debt and did not inform the individual that any payment could revive the statute of limitations.

APPEALS COURT UPHOLDS RULING THAT COLLECTOR CAN’T ENFORCE ARBITRATION AGREEMENT IN FDCPA CASE

  • The Court of Appeals for the Third Circuit has upheld a lower court’s ruling that a third-party collection agency can not invoke the creditor’s mandatory arbitration agreement because the defendant’s request to follow the choice-of-law clause in the original cardholder agreement does not provide the proper basis to allow the defendant to enforce the arbitration agreement.

WORTH NOTING: How to decide if you need surgery and pick a surgeon … Leaving your child in a hot car is bad enough, but doing it when you’re interviewing at a Department of Child Services office … Tracking the status of baby diapers using an app … How to find out if someone is trustworthy … Toys R Us is making a comeback … Here are 45 differences between the original ‘Lion King’ and the new remake … If you need help canceling free trials … The part of Arizona that astronauts used to simulate being on the moon.

I feel the need…

Funny Friday

The Daily Digest is sponsored by Microbilt. Designed to help debt collection professionals, MicroBilt’s platform of recovery and skip tracing tools provide quick, convenient, and current data that help you prioritize and successfully track people down and collect. Keep your skip tracing and debt recovery efficient and effective! Contact us to find out about our 90 Day Try Us Program. Call 800-884-4397 or visit www.microbilt.com. 

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Appeals Court Upholds Ruling That Collector Can Not Use Arbitration Provision in FDCPA Case

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