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Home Daily Digest

Daily Digest – July 2. Judge Orders Parties in FDCPA Class Action To Submit Briefs Following SCOTUS Ruling; Judge Uses First Amendment to Grant MTD in FDCPA Case

mikegibb by mikegibb
July 2, 2021
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JUDGE ORDERS PARTIES IN FDCPA CLASS ACTION TO SUBMIT BRIEFS ON ISSUE OF STANDING FOLLOWING TRANSUNION RULING

  • In what is reported to becoming an increasingly common development in Fair Debt Collection Practices Act cases across the country, a District Court judge in New Jersey has temporarily terminated a motion to certify a class action and issued an order to both the plaintiff and defendant in the case to submit briefs on the issue of standing following the Supreme Court’s ruling in TransUnion v. Ramirez.

JUDGE USES FIRST AMENDMENT TO GRANT MTD IN FDCPA CASE

  • It’s Independence Day weekend here in the United States, so is there a better time to discuss the First Amendment to the Constitution? The timing is just coincidental, though, to Judge Howard Neilson of the District Court for the District of Utah, who relied heavily on the First Amendment’s Petition Clause to grant a defendant’s motion to dismiss in a Fair Debt Collection Practices Act case, after it was accused of violating the statute by including a percentage-based collection charge in an underlying collection suit that was filed against the plaintiff as well as attempting to include a confession of judgment in a settlement agreement proposal.

MAINE ENACTS LAW RAISING GARNISHMENT PROTECTIONS

  • By virtue of not vetoing it, a new law has been enacted in Maine that expands the protections consumers will have with respect to garnishments, including for the first time, funds that consumers have in their bank accounts.

PENN. GOV. VETOES BILL ALLOWING STATE COURTS TO HIRE COLLECTION AGENCIES

  • The governor of Pennsylvania has vetoed proposed legislation that would have allowed state courts to hire private collection agencies to recover unpaid court fines and costs, saying it could “disproportionately” harm low-income individuals.

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