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Home Daily Digest

Daily Digest – November 6. Appeals Court Overturns Dismissal of Overshadowing Case; Appeals Court Grants Request for Publication in BFE Case

mikegibb by mikegibb
November 6, 2020
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APPEALS COURT OVERTURNS DISMISSAL OF FDCPA OVERSHADOWING CASE

  • The Second Circuit Court of Appeals has overturned a lower court’s dismissal of a Fair Debt Collection Practices Act case in which a defendant was accused of overshadowing the validation notice in a collection letter by telling the letter’s recipient that a lawsuit may be filed against him without any further warning.

APPEALS COURT GRANTS REQUEST FOR PUBLICATION IN FDCPA BFE CASE

  • The Ninth Circuit Court of Appeals has granted a request for publication and replaced a memorandum of disposition with an opinion, updating the reversal of a lower court’s summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act by relying on information it was provided by the original creditor, saying the defendant was not entitled to the FDCPA’s bona fide error defense.

JUDGE PARTIALLY GRANTS MSJ FOR PLAINTIFF IN FDCPA CASE

  • In a case that was spotlighted by Barron & Newburger, a Magistrate Judge in Ohio has granted partial summary judgment in favor of a plaintiff who sued a debt collector for allegedly violating the Fair Debt Collection Practices Act because it did not identify itself as a collector when leaving voicemail messages.

EXTEND AND OLIVER JOIN THE WELLS FARGO STARTUP ACCELERATOR

  • Wells Fargo & Company (NYSE:WFC) announced today that companies Extend and Oliver have joined the Wells Fargo Startup Accelerator, a portfolio of startup companies that develop solutions across a broad set of domains including customer experience, payments, marketing, risk and regulation, climate change and security.

WORTH NOTING: If you’re going away on vacation, here is where you should stay, according to experts … How to choose the paint color for your home, based on being in a pandemic … How to get a free, reusable cup from Starbucks … What makes athletes choke? … The 50 best bars in the World … A lot of people are stress shopping this week … A Friday, feel-good story … For anyone who has ever wanted to go see where the Titanic sank.

How to talk to your kids about the election

Funny Friday (some NSFW language)

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 OVERSHADOWING CASE

  • The Second Circuit Court of Appeals has overturned a lower court’s dismissal of a Fair Debt Collection Practices Act case in which a defendant was accused of overshadowing the validation notice in a collection letter by telling the letter’s recipient that a lawsuit may be filed against him without any further warning.

APPEALS COURT GRANTS REQUEST FOR PUBLICATION IN FDCPA BFE CASE

  • The Ninth Circuit Court of Appeals has granted a request for publication and replaced a memorandum of disposition with an opinion, updating the reversal of a lower court’s summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act by relying on information it was provided by the original creditor, saying the defendant was not entitled to the FDCPA’s bona fide error defense.

JUDGE PARTIALLY GRANTS MSJ FOR PLAINTIFF IN FDCPA CASE

  • In a case that was spotlighted by Barron & Newburger, a Magistrate Judge in Ohio has granted partial summary judgment in favor of a plaintiff who sued a debt collector for allegedly violating the Fair Debt Collection Practices Act because it did not identify itself as a collector when leaving voicemail messages.

EXTEND AND OLIVER JOIN THE WELLS FARGO STARTUP ACCELERATOR

  • Wells Fargo & Company (NYSE:WFC) announced today that companies Extend and Oliver have joined the Wells Fargo Startup Accelerator, a portfolio of startup companies that develop solutions across a broad set of domains including customer experience, payments, marketing, risk and regulation, climate change and security.

WORTH NOTING: If you’re going away on vacation, here is where you should stay, according to experts … How to choose the paint color for your home, based on being in a pandemic … How to get a free, reusable cup from Starbucks … What makes athletes choke? … The 50 best bars in the World … A lot of people are stress shopping this week … A Friday, feel-good story … For anyone who has ever wanted to go see where the Titanic sank.

How to talk to your kids about the election

Funny Friday (some NSFW language)

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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Judge Partially Grants MSJ For Plaintiff in FDCPA Case

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