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Home Daily Digest

Daily Digest – October 9. Judge Grants MTD in FDCPA Case over Two Cents; Judge Grants MSJ in ‘Current Balance’ Letter Case

mikegibb by mikegibb
October 9, 2019
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JUDGE GRANTS MTD IN FDCPA CASE OVER TWO CENT DIFFERENCE IN SETTLEMENT OFFER

  • A District Court judge in Michigan has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it could not evenly divide a settlement offer into four equal payments and thus rounded up to the next penny, resulting in a $0.02 difference in what was listed in a collection letter compared with what the plaintiff would have actually paid had she accepted the offer and made the payments as set forth.

JUDGE GRANTS MSJ IN FDCPA CASE OVER ‘CURRENT BALANCE’ IN LETTER

  • A District Court judge in New York has granted a defendant’s motion for summary judgment in a “current balance” letter case in which the plaintiffs said issues raised in a separate consent order between the defendant and the Consumer Financial Protection Bureau should raise concerns about the “credibility and veracity” of claims made by the defendant and an affidavit submitted by the defendant’s operations manager.

MEDICAL DEBTS KEEPING PEOPLE FROM BUYING HOMES, COVERING EMERGENCY EXPENSES

  • Collection agents often have to find the right cord to pull when speaking with an individual and persuading him or her to make payments on unpaid debts. The results of a survey show that talking to individuals about how getting out of debt — especially medical debt — can help them get into a better living situation may be a great way of enticing them to start making payments.

IRS ADDS DIRECT DEBIT PROGRAM FOR AGENCIES COLLECTING UNPAID TAX DEBTS

  • The Internal Revenue Service is now allowing private collection agencies that it has contracted with to collect on unpaid tax debts to accept payments using a preauthorized direct debit program.

MATT KIEFER NAMED PRESIDENT OF FLORIDA COLLECTORS ASSOCIATION

  • Matt Kiefer, MBA, Chief Officer of Information, Compliance and Development of The Preferred Group of Tampa, has been named president of The Florida Collectors Association (FCA). As president, Kiefer will be responsible for the nonprofit’s advocacy, which promotes lawful consumer debt collection for creditors and government.

WORTH NOTING: There is a winner in the “Fattest Bear” competition … Teens are spending less, but still love their Chick-fil-A … Could there be a reboot of “Miami Vice” in the works? … People in California might want to get used to being in the dark … The three unnecessary tasks that people spend 51% of their time on every day … A nine-year-old has been charged with five counts of murder following a house fire … Playstation 5 is coming next year.

Things to always recycle

What happens to abandoned luggage

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. 

JUDGE GRANTS MTD IN FDCPA CASE OVER TWO CENT DIFFERENCE IN SETTLEMENT OFFER

  • A District Court judge in Michigan has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it could not evenly divide a settlement offer into four equal payments and thus rounded up to the next penny, resulting in a $0.02 difference in what was listed in a collection letter compared with what the plaintiff would have actually paid had she accepted the offer and made the payments as set forth.

JUDGE GRANTS MSJ IN FDCPA CASE OVER ‘CURRENT BALANCE’ IN LETTER

  • A District Court judge in New York has granted a defendant’s motion for summary judgment in a “current balance” letter case in which the plaintiffs said issues raised in a separate consent order between the defendant and the Consumer Financial Protection Bureau should raise concerns about the “credibility and veracity” of claims made by the defendant and an affidavit submitted by the defendant’s operations manager.

MEDICAL DEBTS KEEPING PEOPLE FROM BUYING HOMES, COVERING EMERGENCY EXPENSES

  • Collection agents often have to find the right cord to pull when speaking with an individual and persuading him or her to make payments on unpaid debts. The results of a survey show that talking to individuals about how getting out of debt — especially medical debt — can help them get into a better living situation may be a great way of enticing them to start making payments.

IRS ADDS DIRECT DEBIT PROGRAM FOR AGENCIES COLLECTING UNPAID TAX DEBTS

  • The Internal Revenue Service is now allowing private collection agencies that it has contracted with to collect on unpaid tax debts to accept payments using a preauthorized direct debit program.

MATT KIEFER NAMED PRESIDENT OF FLORIDA COLLECTORS ASSOCIATION

  • Matt Kiefer, MBA, Chief Officer of Information, Compliance and Development of The Preferred Group of Tampa, has been named president of The Florida Collectors Association (FCA). As president, Kiefer will be responsible for the nonprofit’s advocacy, which promotes lawful consumer debt collection for creditors and government.

WORTH NOTING: There is a winner in the “Fattest Bear” competition … Teens are spending less, but still love their Chick-fil-A … Could there be a reboot of “Miami Vice” in the works? … People in California might want to get used to being in the dark … The three unnecessary tasks that people spend 51% of their time on every day … A nine-year-old has been charged with five counts of murder following a house fire … Playstation 5 is coming next year.

Things to always recycle

What happens to abandoned luggage

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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