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Home Daily Digest

Daily Digest – June 18. Judge Grants MTD in FDCPA Case Over Alleged Third-Party Disclosure; Senator Opens Probe Into CFPB

mikegibb by mikegibb
June 18, 2021
in Daily Digest
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JUDGE GRANTS MTD IN FDCPA CASE OVER ALLEGED THIRD-PARTY DISCLOSURE

  • Who else but the recipient of a collection letter and the mail carrier who delivered it would have access to that letter to see a mini-Miranda statement that had bled through an envelope, asked a District Court judge in Illinois when granting a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act, ruling that hypothetical third-party disclosures and a state of confusion is not enough for the plaintiff’s case to continue.

SENATOR OPENS PROBE INTO POTENTIAL CIVIL SERVICE VIOLATIONS AT CFPB

  • Rohit Chopra hasn’t even been confirmed by the Senate to be the next Director of the Consumer Financial Protection Bureau and he’s already being asked questions by a leading Senate Republican after a report was published this week detailing how the Biden administration is attempting to “sideline” top officials at the regulator.

APPEALS COURT DENIES EN BANC REQUEST IN TCPA CASE OVER SINGLE PRE-RECORDED MESSAGE

  • An Appeals Court yesterday denied an en banc request in a case relevant to the debt collection industry, but it wasn’t the Eleventh Circuit and it wasn’t the Hunstein case. The Third Circuit Court of Appeals yesterday denied an en banc request in a Telephone Consumer Protection Act case over a single phone call after a three-judge panel had determined the plaintiff lacked standing because he only suffered a “bare procedural harm that resulted in no harm.” The denial of the rehearing may bring to a close a case that has been in the Courts for a decade.

HUNSTEIN CASES PROPEL SPIKE IN FDCPA SUITS, WHILE FCRA AND TCPA SUIT TOTALS FALL: WEBRECON

  • Hunstein copycat cases propelled the number of Fair Debt Collection Practices Act cases filed in May higher, according to data released this week by WebRecon, which tracks litigation across the accounts receivable management industry. More than 200 lawsuits alleging companies violated the third-party disclosures provisions of the FDCPA have been filed since the Eleventh Circuit Court of Appeals issued its ruling in the Hunstein case two months ago. FDCPA cases were the only category of cases where the number of lawsuits filed in May was higher than the number filed in April, according to WebRecon’s data.

DCM SERVICES NAMES ELVA KRANTZ VICE PRESIDENT OF HUMAN RESOURCES

  • DCM Services, LLC (DCMS) the industry leader in estate and specialty account recovery solutions, announces the addition of Elva (Betz) Krantz, SHRM-SCP to its senior leadership team. Elva will lead the DCMS Human Resources team as Vice President, Human Resources.

WORTH NOTING: Plywood, going where no plywood has gone before … The best and worst states to be living in this year … Concerns over enslaved monkeys are leading retailers to drop a brand of coconut milk from their stores … Juneteenth is the newest federal holiday … This “house from hell” in Colorado Springs is getting multiple all-cash offers … Are you using the web’s best browser? … The best early Prime Day deals available now … If you’re going to sell your dead girlfriend’s car, make sure her body isn’t in the back seat.

What a month of cold showers does to you

Funny Friday

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Hunstein Cases Propel Spike in FDCPA Suits, While TCPA and FCRA Suit Totals Fall: WebRecon

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