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Home Daily Digest

Daily Digest – February 16. Judge Grants MSJ for Defense on 6 of 7 Counts in FDCPA Case; Bedard Breaks Down Rule’s Call Caps

mikegibb by mikegibb
February 16, 2021
in Daily Digest
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JUDGE GRANTS MSJ FOR DEFENSE ON 6 OF 7 COUNTS IN FDCPA CASE

  • A District Court judge in New York has granted a defendant’s motion for summary judgment on six of the seven counts in a lawsuit claiming a letter it sent to the plaintiff violated several sections of the Fair Debt Collection Practices Act, but denied summary judgment motions from both sides on the remaining count that the plaintiff was misled into believing that an attorney was meaningfully involved in review of her account.

BEDARD BREAKS DOWN CALL FREQUENCY, COMMUNICATION CAPS OF DEBT COLLECTION RULE

  • In this episode of “You Wanted a Rule, You Got a Rule,” John Bedard of Bedard Law Group starts to break down Section 1006.14 of the rule, which is where the CFPB opted to address the call frequency limits. The limits, though, are not black and white; there are a number of exceptions that would allow collectors to make more than seven call attempts and have more than one conversation in a seven-day period.

CHOPRA NOMINATION OFFICIALLY SENT TO SENATE FOR CONFIRMATION

  • The process for Rohit Chopra to become the next director of the Consumer Financial Protection Bureau has officially started. On Saturday, the White House submitted Chopra’s name, among other nominations, to the Senate for confirmation. The Senate Banking Committee has received Chopra’s nomination and must now schedule its confirmation hearing.

SCORING, SEGMENTATION & SELECTION – CRITICAL ELEMENTS TO A SUCCESSFUL LEGAL STRATEGY

  • As we noted in an earlier blog, the era of ultra-low charge-off rates is not going to last forever. When delinquency rates begin to climb towards the back end of 2021, we don’t expect it to be gradual. With the outlook for an economic recovery to occur as early as Q4, now is the time to revisit the accounts that are likely to require a legal collection strategy.

2021 OFFICERS & DIRECTORS ELECTED TO LEAD RECEIVABLES MANAGEMENT ASSOCIATION INTERNATIONAL

  • Members of Receivables Management Association International (RMAI) elected Officers and Directors to its Board for 2021. Due to the pandemic which created so much uncertainty and program cancellation, all 2020 officers will be serving in their same positions for 2021.

WORTH NOTING: A new theory is being circulated about what killed off the dinosaurs … In honor of today, here are little known facts about Mardi Gras … How to make vaccine appointments at popular retail outlets … How employers are dealing with employees suffering from pandemic fatigue … How to avoid fights about money … Hot to make the most out of student loan forbearance programs … Winter storms have left almost 5 million people without power … President Biden extended the mortgage foreclosure moratorium through June.

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The Daily Digest is sponsored by TCN. Today, contact centers need to do more with less. TCN’s cloud-based predictive dialing tools and services help clients to leverage the most sophisticated inbound, outbound, and blended calling technologies available. TCN’s award-winning platform offers multiple features to assist in compliance while improving performance with no hardware, no monthly minimums, or maintenance fees. Call 866-745-1900 or visit tcn.com today.

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