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Home Daily Digest

Daily Digest – October 9. Judge Grants MTD in FDCPA ‘Other Charges’ Case; Judge Grants MSJ for Defense in Bias Suit Filed by Collector

mikegibb by mikegibb
October 9, 2020
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JUDGE GRANTS MTD IN FDCPA ‘OTHER CHARGES’ CASE FOR A SECOND TIME

  • In a case that was defended by Ethan Ostroff of Troutman Pepper, a District Court judge in Illinois has, for the second time, granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by referencing “other charges” which might be accruing and affecting the balance owed by the plaintiff, because the letter was not specific enough as to what those other charges might represent.

JUDGE GRANTS MSJ FOR DEFENDANT IN BIAS SUIT FILED BY COLLECTOR

  • A District Court judge in Kansas has granted a motion for summary judgment in favor of a defendant that was accused of firing a collector because she was African-American, which underscores the importance of having documented policies and procedures and following them at all times.

SEVENTH CIRCUIT UPHOLDS DISMISSAL OF FDCPA ‘OTHER CHARGES’ CLASS ACTION

  • The Court of Appeals for the Seventh Circuit has upheld a lower court’s dismissal of a Fair Debt Collection Practices Act class-action lawsuit, ruling that including line items for “interest” and “other charges” in a breakdown of the plaintiff’s debt in a collection letter does not violate the FDCPA, even when those items are $0.00.

N.Y. CUTS JUDGES TO TRIM BUDGET, LONGER DELAYS EXPECTED

  • Anyone suing or being sued in New York state court should brace for delays in the adjudication process after the state’s Office of Court Administration announced that 46 judges are not being re-certified in a move intended to cut its budget to help the state manage expenses in the wake of the coronavirus pandemic.

WORTH NOTING: The New England Journal of Medicine pulled no punches in endorsing a president for the first time in its history … President Trump will be on Fox News tonight in his first interview since his coronavirus diagnosis … The owner of the Jacksonville Jaguars is selling a 300-foot yacht for $200 million … Many of the “choices” you make are nothing more than random selections, according to scientists … How restaurants are getting creative without outdoor dining … How sales calls are now being evaluated by artificial intelligence because they are happening virtually … The World Food Programme has been awarded the Nobel Peace Prize … White supremacists were planing to kidnap the governor of Michigan … Hurricane Delta is going to do some damage when it makes landfall today. Everyone please be safe.

Tips for healthy remote learning set-ups

Funny Friday

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 ‘OTHER CHARGES’ CASE FOR A SECOND TIME

  • In a case that was defended by Ethan Ostroff of Troutman Pepper, a District Court judge in Illinois has, for the second time, granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by referencing “other charges” which might be accruing and affecting the balance owed by the plaintiff, because the letter was not specific enough as to what those other charges might represent.

JUDGE GRANTS MSJ FOR DEFENDANT IN BIAS SUIT FILED BY COLLECTOR

  • A District Court judge in Kansas has granted a motion for summary judgment in favor of a defendant that was accused of firing a collector because she was African-American, which underscores the importance of having documented policies and procedures and following them at all times.

SEVENTH CIRCUIT UPHOLDS DISMISSAL OF FDCPA ‘OTHER CHARGES’ CLASS ACTION

  • The Court of Appeals for the Seventh Circuit has upheld a lower court’s dismissal of a Fair Debt Collection Practices Act class-action lawsuit, ruling that including line items for “interest” and “other charges” in a breakdown of the plaintiff’s debt in a collection letter does not violate the FDCPA, even when those items are $0.00.

N.Y. CUTS JUDGES TO TRIM BUDGET, LONGER DELAYS EXPECTED

  • Anyone suing or being sued in New York state court should brace for delays in the adjudication process after the state’s Office of Court Administration announced that 46 judges are not being re-certified in a move intended to cut its budget to help the state manage expenses in the wake of the coronavirus pandemic.

WORTH NOTING: The New England Journal of Medicine pulled no punches in endorsing a president for the first time in its history … President Trump will be on Fox News tonight in his first interview since his coronavirus diagnosis … The owner of the Jacksonville Jaguars is selling a 300-foot yacht for $200 million … Many of the “choices” you make are nothing more than random selections, according to scientists … How restaurants are getting creative without outdoor dining … How sales calls are now being evaluated by artificial intelligence because they are happening virtually … The World Food Programme has been awarded the Nobel Peace Prize … White supremacists were planing to kidnap the governor of Michigan … Hurricane Delta is going to do some damage when it makes landfall today. Everyone please be safe.

Tips for healthy remote learning set-ups

Funny Friday

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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