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Home Daily Digest

Daily Digest – May 19. EDNY Judge Grants Motion for Defendant in FDCPA Case; FCRA Expert Talks ‘Reasonable’

mikegibb by mikegibb
May 19, 2021
in Daily Digest
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EDNY JUDGE GRANTS MOTION FOR DEFENDANT IN FDCPA CASE OVER DISPUTE LANGUAGE IN LETTER

  • In a case that was defended by Malone Frost Martin, a District Court judge in New York has granted a defendant’s motion for judgment on the pleadings after it was sued for allegedly violating the Fair Debt Collection Practices Act because it included a statement in a collection letter requesting that the plaintiff send all correspondence to a specific P.O. Box, thereby creating the impression that disputes could only be filed in writing.

FCRA EXPERT TALKS ABOUT WHAT MAKES AN INVESTIGATION ‘REASONABLE’

  • When a consumer disputes an item on his or her credit report under the Fair Credit Reporting Act, the furnisher is required to conduct a “reasonable” investigation to ensure the information being furnished is accurate. But, as many furnishers have come to learn, what constitutes a “reasonable” investigation is often left up to a judge to determine. In the latest episode of “Ask the Credit Reporting Expert” Xerxes Martin from Malone Frost Martin tackles that question and others, including an inquiry about the impact of the Hunstein ruling on credit reporting.

HOSPITAL CHAIN CALLED OUT FOR FILING 19,000 COLLECTION SUITS DURING PANDEMIC

  • A hospital network that owns 84 facilities and is one of the largest hospital chains in the country is being called out for filing more than 19,000 collection lawsuits in the past 15 months following the onset of the COVID-19 pandemic in the United States, which makes them “far more litigious than most hospital groups,” according to one professor who has studied the trend.

FTC BANS OPERATORS OF STUDENT LOAN DEBT RELIEF SCAM

  • The Federal Trade Commission has banned those behind a student loan debt relief scam from providing debt relief services as part of a settlement that the agency announced earlier this week. One of the defendants will also make a monetary payment of $11,500 as part of an overall judgment against all of the defendants in the amount of nearly $25 million, most of which was suspended because of the defendants’ inability to pay.

WORTH NOTING: It is getting harder and harder to buy a house these days … You need to buy a lot of drinks from your local watering hole to help them make up for losses suffered during COVID, according to a new study … Taco Bell fans are mad at the removal of a beloved item from the menu … Bank of America announced it is raising its minimum wage to $25 an hour by 2025 … What the class of 2021 wants from their work careers … People heading to Las Vegas for ACA in July will be happy with this news … If you have a lot of frequent flier miles, this is your warning … Burger King is entering the chicken sandwich wars.

What happens to your brain during a migraine

How to know if you’re being blocked on Facebook

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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