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Home Daily Digest

Daily Digest – September 28. Judge Grants MTD in Voicemail FDCPA Case; Report Calls Collection Litigation ‘Broken’ Process

mikegibb by mikegibb
September 28, 2021
in Daily Digest
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JUDGE GRANTS MTD IN FDCPA CASE INVOLVING OVERHEARD VOICEMAIL MESSAGE

  • A District Court judge in North Carolina has granted a defendant’s motion to dismiss after it was accused of violating the Fair Debt Collection Practices Act by leaving a voicemail message on an individual’s cell phone that was overheard by the plaintiff’s sister, ruling that cell phone voicemails are intended to be private and if a message is inadvertently heard by a third party, especially when the recipient of the message is responsible for disseminating it, it does not constitute a third-party disclosure under the FDCPA.

REPORT CALLS COLLECTION LITIGATION ‘BROKEN,’ MAKES SUGGESTIONS TO REFORM PROCESS

  • A nonprofit organization in Washington, D.C. has published a report on the debt collection litigation market, outlining a series of recommendations to state and federal lawmakers to make the process “safer and fairer” for everyone.

JUDGE GRANTS MTD IN FDCPA CASE OVER LACK OF VERIFICATION NOTICE

  • A District Court judge in Arkansas has granted a defendant’s motion to dismiss for lack of standing and failure to state a claim in a Fair Debt Collection Practices Act case even though it failed to send a timely validation notice, ruling that am underlying collection lawsuit provided the plaintiff will all the information he needed.

CFPB COMPLAINTS KEEP SKYROCKETING AS LAWSUIT TOTALS RISE MORE SLOWLY: WEBRECON

  • Plaintiffs were a little bit busier in August than they have been in recent months, according to data released recently by WebRecon, while consumers slowed down the number of complaints they filed with the Consumer Financial Protection Bureau.

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Judge Grants MSJ for Defendant in FDCPA Class-Action Over 1099C Language in Letter

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