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Home Daily Digest

Daily Digest – November 11. Appeals Court Overturns Dismissal of FDCPA Suit Over 1099C Disclosure; Bill Introduced to Amend FDCPA’s Definition of Debt Collector

mikegibb by mikegibb
November 11, 2019
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APPEALS COURT OVERTURNS DISMISSAL OF FDCPA SUIT INVOLVING 1099C DISCLOSURE

  • The Court of Appeals for the Seventh Circuit has overturned a lower court’s dismissal of a lawsuit in which a defendant was accused of violating the Fair Debt Collection Practices Act because it included a disclosure about a the creditor possibly filing a debt cancellation notice with the Internal Revenue Service, even though the amount of principal being forgiven was less than the reporting threshold.

BILL INTRODUCED IN CONGRESS TO AMEND FDCPA’s DEFINITION OF DEBT COLLECTOR

  • A bill has been introduced in Congress that would seek to amend the definition of debt collector under the Fair Debt Collection Practices Act.

MASS. AG REACHES $4M SETTLEMENT WITH PORTFOLIO RECOVERY ASSOCIATES

  • The Attorney General of Massachusetts is set to announce a $4 million settlement today with Portfolio Recovery Associates over what a published report deemed to be “aggressive debt-collection practices.”

COMPLIANCE DIGEST — CONTEXT AND PERSPECTIVE FROM INDUSTRY EXPERTS ABOUT RECENT COURT RULINGS & LEGAL ISSUES

  • Click here to read this week’s Compliance Digest, sponsored by Applied Innovation. You’ll get insights and opinions from seven different compliance experts — Dennis Barton, Virginia Bell Flynn, June Coleman, Mitch Williamson, Boyd Gentry, Judd Peak, and Porter Heath Morgan — discussing the impact of recent court cases and legislative updates. You’re not going to get that kind of varied perspective anywhere else.

HHS FINES FACILITY $3M FOR NOT ENCRYPTING PHI ON STOLEN MOBILE DEVICES

  • The Department of Health and Human Services has imposed a $3 million fine on a healthcare facility for violating the Health Insurance Portability and Accountability Act (HIPAA) by not encrypting data that was on a stolen flash drive and a stolen laptop computer.

WORTH NOTING: What you need to know about this week’s impeachment hearings … Understatement of the day: A Porsche traveling at a “high rate of speed” crashed into the second floor of an office building … Where Veterans can eat for free today … Would you spend $135 on this umbrella? … Pete Buttigieg wants any family that earns less than $100k per year to be able to go to college for free … How to keep pets safe during the harsh temperatures of winter … The best STEM toys for kids … Researchers have found security flaws in ATMs used across the country … An armored truck driver who was robbed at gunpoint was fired from her job.

How to slice every kind of fruit

Music Monday

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. 

APPEALS COURT OVERTURNS DISMISSAL OF FDCPA SUIT INVOLVING 1099C DISCLOSURE

  • The Court of Appeals for the Seventh Circuit has overturned a lower court’s dismissal of a lawsuit in which a defendant was accused of violating the Fair Debt Collection Practices Act because it included a disclosure about a the creditor possibly filing a debt cancellation notice with the Internal Revenue Service, even though the amount of principal being forgiven was less than the reporting threshold.

BILL INTRODUCED IN CONGRESS TO AMEND FDCPA’s DEFINITION OF DEBT COLLECTOR

  • A bill has been introduced in Congress that would seek to amend the definition of debt collector under the Fair Debt Collection Practices Act.

MASS. AG REACHES $4M SETTLEMENT WITH PORTFOLIO RECOVERY ASSOCIATES

  • The Attorney General of Massachusetts is set to announce a $4 million settlement today with Portfolio Recovery Associates over what a published report deemed to be “aggressive debt-collection practices.”

COMPLIANCE DIGEST — CONTEXT AND PERSPECTIVE FROM INDUSTRY EXPERTS ABOUT RECENT COURT RULINGS & LEGAL ISSUES

  • Click here to read this week’s Compliance Digest, sponsored by Applied Innovation. You’ll get insights and opinions from seven different compliance experts — Dennis Barton, Virginia Bell Flynn, June Coleman, Mitch Williamson, Boyd Gentry, Judd Peak, and Porter Heath Morgan — discussing the impact of recent court cases and legislative updates. You’re not going to get that kind of varied perspective anywhere else.

HHS FINES FACILITY $3M FOR NOT ENCRYPTING PHI ON STOLEN MOBILE DEVICES

  • The Department of Health and Human Services has imposed a $3 million fine on a healthcare facility for violating the Health Insurance Portability and Accountability Act (HIPAA) by not encrypting data that was on a stolen flash drive and a stolen laptop computer.

WORTH NOTING: What you need to know about this week’s impeachment hearings … Understatement of the day: A Porsche traveling at a “high rate of speed” crashed into the second floor of an office building … Where Veterans can eat for free today … Would you spend $135 on this umbrella? … Pete Buttigieg wants any family that earns less than $100k per year to be able to go to college for free … How to keep pets safe during the harsh temperatures of winter … The best STEM toys for kids … Researchers have found security flaws in ATMs used across the country … An armored truck driver who was robbed at gunpoint was fired from her job.

How to slice every kind of fruit

Music Monday

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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