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Home Daily Digest

Daily Digest – August 28. Appeals Court Rules For Collector; Judge Grants MSJ For Defense in Attorney Representation Case

mikegibb by mikegibb
August 28, 2019
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COLLECTOR DID NOT VIOLATE FDCPA BY CHARGING ADDITIONAL FEES ALLOWED UNDER AGREEMENT WITH CREDITOR, APPEALS COURT RULES

  • The Court of Appeals for the Sixth Circuit has upheld a lower court’s summary judgment ruling in favor of a defendant that was sued for allegedly violating the Fair Debt Collection Practices Act because it charged additional collection fees on top of a delinquent debt, even though those costs were expressly authorized in the agreement between the creditor and the defendant.

JUDGE GRANTS MSJ FOR DEFENSE IN FDCPA CASE OVER ATTORNEY REPRESENTATION

  • A District Court judge in Indiana has granted a defendant’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act because the plaintiff sent the original creditor a notice that she was represented by an attorney, but that information was not conveyed when the account was sold and subsequently collected on.

BANKERS GROUP EXPRESSES ‘CONCERNS’ THAT PROPOSED RULE MAY APPLY TO CREDITORS

  • Banks in Kentucky are very worried that the provisions of the Consumer Financial Protection Bureau’s proposed debt collection rule will apply to them, and have submitted a comment saying so.

VERIZON ROLLS OUT AUTOMATIC CALL BLOCKING ON ANDROID PHONES

  • Verizon announced yesterday that customers using Android smartphones will now automatically be enrolled in the carrier’s free Call Filter service, which blocks robocalls and sends them directly to voicemail while also putting a warning label on caller IDs about calls that could potentially be fraudulent or spam.

RON FAUQUHER STEPS DOWN AT ONTARIO SYSTEMS, TO BE REPLACED BY JASON HARRINGTON

  • Ontario Systems announced yesterday that Ron Fauquher will retire as chief executive and be replaced by Jason Harrington. The announcement was made at the company’s annual PowerUp conference in Coronado, Calif.

WORTH NOTING: Taco Bell is in some low-alcohol hot water … Spirit will let you book flights using WhatsApp, for a fee … The joys of being a late technology adopter … Rules for hiring the best employees … “Insanely” useful productivity hacks … The cardinal rules of using a credit card … Americans are still pretty upbeat about the economy, even as fears of a recession grow … Beer pong is getting a makeover.

Things we’re doing wrong int he bathroom

Tracking Tropical Storm Dorian

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. 

COLLECTOR DID NOT VIOLATE FDCPA BY CHARGING ADDITIONAL FEES ALLOWED UNDER AGREEMENT WITH CREDITOR, APPEALS COURT RULES

  • The Court of Appeals for the Sixth Circuit has upheld a lower court’s summary judgment ruling in favor of a defendant that was sued for allegedly violating the Fair Debt Collection Practices Act because it charged additional collection fees on top of a delinquent debt, even though those costs were expressly authorized in the agreement between the creditor and the defendant.

JUDGE GRANTS MSJ FOR DEFENSE IN FDCPA CASE OVER ATTORNEY REPRESENTATION

  • A District Court judge in Indiana has granted a defendant’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act because the plaintiff sent the original creditor a notice that she was represented by an attorney, but that information was not conveyed when the account was sold and subsequently collected on.

BANKERS GROUP EXPRESSES ‘CONCERNS’ THAT PROPOSED RULE MAY APPLY TO CREDITORS

  • Banks in Kentucky are very worried that the provisions of the Consumer Financial Protection Bureau’s proposed debt collection rule will apply to them, and have submitted a comment saying so.

VERIZON ROLLS OUT AUTOMATIC CALL BLOCKING ON ANDROID PHONES

  • Verizon announced yesterday that customers using Android smartphones will now automatically be enrolled in the carrier’s free Call Filter service, which blocks robocalls and sends them directly to voicemail while also putting a warning label on caller IDs about calls that could potentially be fraudulent or spam.

RON FAUQUHER STEPS DOWN AT ONTARIO SYSTEMS, TO BE REPLACED BY JASON HARRINGTON

  • Ontario Systems announced yesterday that Ron Fauquher will retire as chief executive and be replaced by Jason Harrington. The announcement was made at the company’s annual PowerUp conference in Coronado, Calif.

WORTH NOTING: Taco Bell is in some low-alcohol hot water … Spirit will let you book flights using WhatsApp, for a fee … The joys of being a late technology adopter … Rules for hiring the best employees … “Insanely” useful productivity hacks … The cardinal rules of using a credit card … Americans are still pretty upbeat about the economy, even as fears of a recession grow … Beer pong is getting a makeover.

Things we’re doing wrong int he bathroom

Tracking Tropical Storm Dorian

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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