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Home Daily Digest

Daily Digest – April 23. First post-Hunstein Class Action Filed; CFPB, NY AG Go After Hidden Assets of Collection ‘Kingpin’

mikegibb by mikegibb
April 23, 2021
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FIRST CLASS-ACTION SUIT, POST-HUNSTEIN, FILED IN N.Y. FEDERAL COURT

  • Well that didn’t take long. Less than a day after the Eleventh Circuit Court of Appeals issued its ruling in Hunstein v. Preferred Collection and Management Services, a class-action lawsuit has been filed in New York federal court accusing a debt collector of violating Section 1692c(b) and 1692f of the Fair Debt Collection Practices Act by communicating with a third party — a letter vendor — about the existence of a debt when it sent the plaintiff’s personal information to the vendor to be included in and mailed out as a collection letter.

CFPB, NY AG GO AFTER HIDDEN ASSETS OF COLLECTION ‘KINGPIN’

  • It’s something you normally see on TV or in the movies. An individual, in an attempt to hide something valuable from an ex-spouse or law enforcement, signs over possession of the asset to a friend or relative for $1. It usually doesn’t work on TV or in the movies, and, if the Consumer Financial Protection Bureau and the Attorney General of New York have their way, it won’t happen in real life either. The CFPB and the New York AG have filed a complaint against debt collection “kingpin” Douglas MacKinnon, seeking to seize a house valued at $1.6 million that MacKinnon sold to his wife and daughter for $1 when he learned his companies were being investigated for a “massive” debt collection scheme.

HOUSE PASSES FDCPA AMENDMENT BILL TO PROTECT SERVICEMEMBERS

  • The House of Representatives has passed a bill aimed at amending the Fair Debt Collection Practices Act to provide additional protections to servicemembers.

JUDGE GRANTS MTD OVER LACK OF STANDING ON QR CODE CASE

  • A District Court judge in Pennsylvania has granted a defendant’s motion to dismiss a class-action lawsuit, ruling a plaintiff lacked standing to sue after claiming that a collector violated the Fair Debt Collection Practices Act by including “Personal & Confidential” on the outside of an envelope containing a collection letter and because “data symbols similar to a QR code” were visible through the envelope’s glassine window.

WORTH NOTING: Tips to help you negotiate your car insurance premiums after an incident … Win a contest to get paid to take more coffee breaks … Habits to help you deal with fear and anxiety … The odds of getting a live agent when calling the Internal Revenue Service are less-than-stellar … People are waiting a lot longer than usual to get their income tax refunds … People love Chipotle’s quesedillas … A gender reveal party that set off reports of an earthquake … The worst fear for any parent who takes a child to daycare.

Driving a Tesla with nobody in the driver’s seat

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