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Home Daily Digest

Daily Digest – August 3. Judge Grants MSJ in FDCPA Case; CFPB Argues Seila Law Ruling Shouldn’t Keep Collection Firm From CID Response

mikegibb by mikegibb
August 3, 2020
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JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA CASE BECAUSE DEBT WAS NOT IN DEFAULT WHEN PLACED

  • A District Court judge in Tennessee has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, agreeing that the defendant does not meet the definition of debt collector under the statute, in large part because the plaintiff’s agreement with the creditor spells out the exact nature of the relationship between the creditor and the defendant.

CFPB ARGUES SEILA LAW RULING SHOULDN’T KEEP COLLECTION FIRM FROM CID RESPONSE

  • The Consumer Financial Protection Bureau has filed its response to an order to show cause, arguing that a collection law firm should not be able to use the Supreme Court’s ruling in Seila Law v. CFPB to dismiss a lawsuit attempting to force the firm to respond to a Civil Investigative Demand letter.

STUDENT LOANS REMAIN IN LIMBO AS PRESIDENT, CONGRESS SEEK SOLUTION

  • There appears to be a disconnect between the President and members of Congress about what to do with student loan payments that have been paused since the coronavirus shutdown occurred in March. The President last week proposed extending the forbearance program, which is scheduled to expire on Sept. 30, while Senate Republicans would allow collection activities to resume on Oct. 1.

UNION ORGANIZES PROTEST AGAINST WISC. HOSPITAL’S ‘AGGRESSIVE‘ COLLECTION PRACTICES

  • A Wisconsin hospital’s collections process drew the ire of a local union, which organized a protest yesterday to get the provider to stop “aggressively suing” patients with unpaid medical debts.

READ EXPERT PERSPECTIVES ON TRENDING COMPLIANCE TOPICS

  • Click here to read this week’s Compliance Digest. You’ll get insights and opinions from 11 different compliance experts — Joann Needleman, Laurie Nelson, Virginia Bell Flynn, Nicole Strickler, Mike Frost, Brit Suttell, Stacy Rodriguez, Helen Mac Murray, Rick Perr, Michael Klutho, and Leslie Bender  — discussing the impact of recent court cases and legislative updates. You’re not going to get that kind of varied perspective anywhere else. The Compliance Digest is sponsored by The Bedard Law Group.

WORTH NOTING: Congratulations to SpaceX for returning two astronauts after two months in space … Instagram influencers share their best roadtrip plans during a pandemic … Major League Baseball has a really big scheduling problem … Tips to help you nail online job interviews … An interesting battle is brewing over what was going on at the “Ellen DeGeneres Show” … Fires are raging in California as a hurricane is bruising the Atlantic coast … What Americans are most concerned about heading into the election … How to cut your hair at home.

How to win a negotiation

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. 

JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA CASE BECAUSE DEBT WAS NOT IN DEFAULT WHEN PLACED

  • A District Court judge in Tennessee has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, agreeing that the defendant does not meet the definition of debt collector under the statute, in large part because the plaintiff’s agreement with the creditor spells out the exact nature of the relationship between the creditor and the defendant.

CFPB ARGUES SEILA LAW RULING SHOULDN’T KEEP COLLECTION FIRM FROM CID RESPONSE

  • The Consumer Financial Protection Bureau has filed its response to an order to show cause, arguing that a collection law firm should not be able to use the Supreme Court’s ruling in Seila Law v. CFPB to dismiss a lawsuit attempting to force the firm to respond to a Civil Investigative Demand letter.

STUDENT LOANS REMAIN IN LIMBO AS PRESIDENT, CONGRESS SEEK SOLUTION

  • There appears to be a disconnect between the President and members of Congress about what to do with student loan payments that have been paused since the coronavirus shutdown occurred in March. The President last week proposed extending the forbearance program, which is scheduled to expire on Sept. 30, while Senate Republicans would allow collection activities to resume on Oct. 1.

UNION ORGANIZES PROTEST AGAINST WISC. HOSPITAL’S ‘AGGRESSIVE‘ COLLECTION PRACTICES

  • A Wisconsin hospital’s collections process drew the ire of a local union, which organized a protest yesterday to get the provider to stop “aggressively suing” patients with unpaid medical debts.

READ EXPERT PERSPECTIVES ON TRENDING COMPLIANCE TOPICS

  • Click here to read this week’s Compliance Digest. You’ll get insights and opinions from 11 different compliance experts — Joann Needleman, Laurie Nelson, Virginia Bell Flynn, Nicole Strickler, Mike Frost, Brit Suttell, Stacy Rodriguez, Helen Mac Murray, Rick Perr, Michael Klutho, and Leslie Bender  — discussing the impact of recent court cases and legislative updates. You’re not going to get that kind of varied perspective anywhere else. The Compliance Digest is sponsored by The Bedard Law Group.

WORTH NOTING: Congratulations to SpaceX for returning two astronauts after two months in space … Instagram influencers share their best roadtrip plans during a pandemic … Major League Baseball has a really big scheduling problem … Tips to help you nail online job interviews … An interesting battle is brewing over what was going on at the “Ellen DeGeneres Show” … Fires are raging in California as a hurricane is bruising the Atlantic coast … What Americans are most concerned about heading into the election … How to cut your hair at home.

How to win a negotiation

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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