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Home Daily Digest

Daily Digest – October 16. Attorney Facing FDCPA Class Action; Judge Partially Denies MSJ in FDCPA, TCPA Case

mikegibb by mikegibb
October 16, 2019
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COLLECTION ATTORNEY FACING FDCPA CLASS ACTION OVER ALLEGED THREAT TO REPORT DEBT IN LETTER

  • A class-action lawsuit has been filed in New Jersey alleging that a collection attorney violated the Fair Debt Collection Practices Act by threatening to report an individual’s unpaid debt to a credit bureau when it had no plans to do so.

JUDGE PARTIALLY DENIES MSJ IN FDCPA, TCPA CASE

  • Placing 77 calls over a 73-day period is not enough to be considered a violation of Section 1692f of the Fair Debt Collection Practices Act, but is enough to be considered a violation of Section 1692d(5) of the FDCPA, a District Court judge in California has ruled in only partially denying a defendant’s motion for summary judgment.

ONE-SIDED ARGUMENT BLASTS ARM INDUSTRY WITHOUT GIVING IT A CHANCE TO DEFEND ITSELF

  • When you write a 3,600-word article about the debt buying and debt collection industry, you’re going to need to talk to a few people. So, it shouldn’t come as a surprise that the author of this particular piece spoke with four consumer advocates or consumer attorneys and four different consumers. But, when you write a 3,600-word article about the debt buying and debt collection industry and elect not to mention or quote a single representative from the debt buying or debt collection industry, it makes it pretty clear what the objective of the article was without having to read it.

CFPB MAKES APPEARANCE DURING DEM DEBATE

  • As Kathy Kraninger, the director of the Consumer Financial Protection Bureau, is scheduled to testify before the House Financial Services Committee today, the CFPB’s origin story was front-and-center last night during the Democratic presidential debate last night in Ohio.

WORTH NOTING: The new spacesuits NASA is sending to the moon … Was he playing “Wheel of Fortune” or auditioning for a comedy special? … The Washington Nationals are heading to the World Series … Why you shouldn’t look at a candidate’s experience when hiring someone … Modern day American ghost towns … The right way to tell someone his or her idea isn’t good … Ron Swanson has his own brand of scotch … Black students are more likely to be punished that white students for the same infractions, according to a new study … Canada beat the U.S. in men’s soccer for the first time in a generation.

Facts to make you the most interesting person in the room

Applebee’s is back

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. 

COLLECTION ATTORNEY FACING FDCPA CLASS ACTION OVER ALLEGED THREAT TO REPORT DEBT IN LETTER

  • A class-action lawsuit has been filed in New Jersey alleging that a collection attorney violated the Fair Debt Collection Practices Act by threatening to report an individual’s unpaid debt to a credit bureau when it had no plans to do so.

JUDGE PARTIALLY DENIES MSJ IN FDCPA, TCPA CASE

  • Placing 77 calls over a 73-day period is not enough to be considered a violation of Section 1692f of the Fair Debt Collection Practices Act, but is enough to be considered a violation of Section 1692d(5) of the FDCPA, a District Court judge in California has ruled in only partially denying a defendant’s motion for summary judgment.

ONE-SIDED ARGUMENT BLASTS ARM INDUSTRY WITHOUT GIVING IT A CHANCE TO DEFEND ITSELF

  • When you write a 3,600-word article about the debt buying and debt collection industry, you’re going to need to talk to a few people. So, it shouldn’t come as a surprise that the author of this particular piece spoke with four consumer advocates or consumer attorneys and four different consumers. But, when you write a 3,600-word article about the debt buying and debt collection industry and elect not to mention or quote a single representative from the debt buying or debt collection industry, it makes it pretty clear what the objective of the article was without having to read it.

CFPB MAKES APPEARANCE DURING DEM DEBATE

  • As Kathy Kraninger, the director of the Consumer Financial Protection Bureau, is scheduled to testify before the House Financial Services Committee today, the CFPB’s origin story was front-and-center last night during the Democratic presidential debate last night in Ohio.

WORTH NOTING: The new spacesuits NASA is sending to the moon … Was he playing “Wheel of Fortune” or auditioning for a comedy special? … The Washington Nationals are heading to the World Series … Why you shouldn’t look at a candidate’s experience when hiring someone … Modern day American ghost towns … The right way to tell someone his or her idea isn’t good … Ron Swanson has his own brand of scotch … Black students are more likely to be punished that white students for the same infractions, according to a new study … Canada beat the U.S. in men’s soccer for the first time in a generation.

Facts to make you the most interesting person in the room

Applebee’s is back

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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