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Home Daily Digest

Daily Digest – October 30. Judge Denies Motion for Judgment in FDCPA Case Over Faxed Dispute; Appeals Court Reverse Class Certification Denial in FDCPA Case

mikegibb by mikegibb
October 30, 2019
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JUDGE DENIES MOTION FOR JUDGMENT ON THE PLEADINGS IN FDCPA CASE OVER FAXED DISPUTE LETTER

  • A District Court judge in Indiana has denied a defendant’s motion for judgment on the pleadings after it was accused of violating the Fair Debt Collection Practices Act for allegedly reporting a debt that had been disputed, even though the dispute was sent to a fax machine number that the defendant had removed eight months before the dispute was faxed.

APPEALS COURT REVERSES LOWER COURT’S DENIAL OF CLASS CERTIFICATION IN FDCPA CASE

  • The Eleventh Circuit Court of Appeals has reversed a lower court’s denial of class certification of a lawsuit filed against a company accused of sending allegedly deceptive collection letters in violation of the Fair Debt Collection Practices Act to individuals after their debts had been discharged in bankruptcy.

SENATORS CALL ON CFPB TO INVESTIGATE STUDENT LOAN SERVICER

  • A group of 20 Democratic Senators, including four of whom are currently running for president, sent a letter on Monday to Kathleen Kraninger, the director of the Consumer Financial Protection Bureau, requesting an investigation into how a student loan servicer’s “widespread violations of federal law” is causing “harm” to public service workers.

SURVEY RESULTS ASSESS THE IMPACT OF THE CFPB’s PROPOSED DEBT COLLECTION RULE

  • To assess the reaction to the provisions included in the proposed rule, AccountsRecovery.net embarked on a survey of companies in the credit and collection space. The objective of the survey, sponsored by DAKCS, was to determine how participants in the industry viewed the proposed rule and to assess the potential impact of some of the proposed rule’s key provisions. A summary of those findings was published and is available by clicking here.

WORTH NOTING: College athletes may start getting paid soon … For everyone who has been wondering what Bob Saget thinks about the college admissions scandal … Why would they put the candy on the kid’s head? … Next time, make sure the $1 million bill is real before you try to open a bank account with it … You can get paid $10,000 to relocate to Tulsa … Aging in place is a very expensive proposition … The most unsafe cars on the road … A “Game of Thrones” prequel is on the way about House Targaryen … You only have a few days to update old iPhones and iPads before they stop working.

This happened less than two miles from where I live

Professional chefs vs. frozen dinners

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 DENIES MOTION FOR JUDGMENT ON THE PLEADINGS IN FDCPA CASE OVER FAXED DISPUTE LETTER

  • A District Court judge in Indiana has denied a defendant’s motion for judgment on the pleadings after it was accused of violating the Fair Debt Collection Practices Act for allegedly reporting a debt that had been disputed, even though the dispute was sent to a fax machine number that the defendant had removed eight months before the dispute was faxed.

APPEALS COURT REVERSES LOWER COURT’S DENIAL OF CLASS CERTIFICATION IN FDCPA CASE

  • The Eleventh Circuit Court of Appeals has reversed a lower court’s denial of class certification of a lawsuit filed against a company accused of sending allegedly deceptive collection letters in violation of the Fair Debt Collection Practices Act to individuals after their debts had been discharged in bankruptcy.

SENATORS CALL ON CFPB TO INVESTIGATE STUDENT LOAN SERVICER

  • A group of 20 Democratic Senators, including four of whom are currently running for president, sent a letter on Monday to Kathleen Kraninger, the director of the Consumer Financial Protection Bureau, requesting an investigation into how a student loan servicer’s “widespread violations of federal law” is causing “harm” to public service workers.

SURVEY RESULTS ASSESS THE IMPACT OF THE CFPB’s PROPOSED DEBT COLLECTION RULE

  • To assess the reaction to the provisions included in the proposed rule, AccountsRecovery.net embarked on a survey of companies in the credit and collection space. The objective of the survey, sponsored by DAKCS, was to determine how participants in the industry viewed the proposed rule and to assess the potential impact of some of the proposed rule’s key provisions. A summary of those findings was published and is available by clicking here.

WORTH NOTING: College athletes may start getting paid soon … For everyone who has been wondering what Bob Saget thinks about the college admissions scandal … Why would they put the candy on the kid’s head? … Next time, make sure the $1 million bill is real before you try to open a bank account with it … You can get paid $10,000 to relocate to Tulsa … Aging in place is a very expensive proposition … The most unsafe cars on the road … A “Game of Thrones” prequel is on the way about House Targaryen … You only have a few days to update old iPhones and iPads before they stop working.

This happened less than two miles from where I live

Professional chefs vs. frozen dinners

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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