APPEALS COURT AFFIRMS RULING FOR DEFENDANTS IN FCRA CASES OVER OWNERSHIP OF DEBTS
- The Court of Appeals for the Seventh Circuit has affirmed the rulings from District Court judges in a consolidated appeal of seven Fair Credit Reporting Act cases in which the plaintiffs sued credit reporting agencies because they allegedly did not properly investigate claims that debts being reported by debt buyers on the plaintiffs’ credit reports were actually owned by those creditors.
UNDERSTANDING THE IMPORTANCE OF TECHNOLOGY
- I might be a little too far ahead of the curve here, which definitely wouldn’t be the first time that has happened, but I came across a report today detailing how our use of cash as a means of paying for stuff is falling faster than ever. That triggered a memory in my brain from a discussion that occurred during Wednesday’s webinar on technology about accepting alternative forms of payment, other than a check, debit card, or credit card. While I don’t think the industry is anywhere near on the verge of accepting digital currencies like Bitcoin for unpaid debts, it does beg the question about how prepared is the industry for the digital revolution?
JUDGE GRANTS MSJ FOR DEFENSE IN FCRA CASE, BUT DENIES MOTION FOR SANCTIONS
- A District Court judge in Michigan has granted a defendant’s motion for summary judgment in a Fair Credit Reporting Act case while also denying the defendant’s motion for sanctions, but noting that he was “troubled” by the plaintiff’s counsel’s conduct in the case and “expressly” warning that “continuing to file and pursue similar baseless claims going forward will likely result in sanctions.”
APPEALS COURT RULES BOILERPLATE DISCLOSURES DO NOT TURN LETTER INTO FDCPA COMMUNICATION
- On many of my webinars, attorneys have exhorted companies in the accounts receivable management industry from being creative, at least when it comes to making required disclosures. Getting cute or creative is rarely a good idea. Now, the Eighth Circuit Court of Appeals has jumped on board this train, ruling that the use or boilerplate disclosures do not convert an informational communication into an official debt collection activity under the Fair Debt Collection Practices Act. The ruling from the Eighth Circuit might also be helpful to defendants fighting Hunstein cases.
WORTH NOTING: I guess the takeaway here is the similarities between newborn babies and deer … A woman in New Jersey has spent seven years trying to convince the Internal Revenue Service that she is not dead … How far the child tax credit will take you in different states … How COVID changed the office wardrobe … Experts warn against stretching before working out … Dollar General is out to hire 50,000 new employees in the next two months … Clippy is making a comeback … New emojis, including a pregnant man, are coming to your phone.
The economics of Costco
Funny Friday
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