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Home Daily Digest

Daily Digest – April 13. Appeals Court Affirms Dismissal of FDCPA Case; Judge Denies MTD in FDCPA Case Over Dispute Clarification

mikegibb by mikegibb
April 13, 2021
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APPEALS COURT AFFIRMS DISMISSAL OF FDCPA CASE OVER LETTER ITEMIZING ‘$0.00’ IN INTEREST, FEES

  • The Court of Appeals for the Third Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case in which the defendant was sued for itemizing the interest and fees due as “$0.00” in a collection letter because the plaintiff claimed the itemization falsely implied that they could accrue in the future.

JUDGE DENIES MTD IN FDCPA CASE OVER DISPUTE CLARIFICATION IN LETTER

  • A District Court judge in Colorado has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it included a statement in a collection letter that informed the recipient that calling to obtain more information or making a payment on the unpaid debt was not a substitute for disputing the debt.

PROSECUTORS SEIZE $400K FROM PAYMENT PROCESSING FIRM WITH TIES TO COLLECTION AGENCIES

  • Prosecutors have seized an additional $400,000 from a payment processing company that allegedly laundered money for a debt collector who is being investigated by federal authorities, according to a published report.

FEDERAL JUDGE MOURNED AFTER TRAGIC HIT-AND-RUN

  • A federal judge from New York who ruled on numerous debt collection cases is being mourned after being struck and killed in a hit-and-run accident in Florida last week. Judge Sandra Feuerstein, from the District Court for the Eastern District of New York, was hit while walking on a sidewalk in Boca Raton, Fla. The driver of the car has been arrested and is facing charges of vehicular homicide, leaving the scene of a crash involving death, and leaving the scene of a crash with injury.

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