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Home Daily Digest

Daily Digest – October 29. Eleventh Circuit Doubles Down on Hunstein Ruling; Judge Grants MTD Even Though Letter Lacked ‘Clarity’

mikegibb by mikegibb
October 29, 2021
in Daily Digest
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ELEVENTH CIRCUIT DOUBLES DOWN ON HUNSTEIN RULING

  • The original panel from the Court of Appeals for the Eleventh Circuit that ruled in the Hunstein case issued a new opinion yesterday morning, vacating its earlier decision, but still ending up in the same place that the plaintiff had standing to sue, even in the wake of the Supreme Court’s ruling in TransUnion v. Ramirez and that the use of a third-party mail vendor constituted a communication under Section 1692c(b) of the Fair Debt Collection Practices Act.

N.J. JUDGE GRANTS MTD IN FDCPA CASE EVEN THOUGH LETTER LACKED ‘CLARITY’

  • While noting that several instances of a collection letter lacked clarity, a District Court judge in New Jersey nonetheless granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that even a least sophisticated consumer would be able to ascertain the identity of the original creditor and that disputes needed to be filed in writing in order to be legitimate.

JUDGE DENIES MTD IN CASE AGAINST COLLECTION ‘KINGPIN’ FOR ATTEMPTING TO KEEP HOUSE FROM BEING SEIZED

  • A District Court judge in New York has denied a motion to dismiss a complaint filed against a collection “kingpin” and his family by the Consumer Financial Protection Bureau after they were sued for attempting to fraudulently transfer ownership of a $1.6 million house to keep it from being seized by the government in an enforcement action.

REPORT: MANY INDIVIDUALS ‘OVERPAYING’ FOR THEIR CAR LOANS

  • Figuring out the interest rate on auto loans is a blurry process that may take factors other than the applicant’s creditworthiness into question and will likely lead to a spike in delinquency and default rates in the coming years as forbearance and deferment programs put in place for the COVID-19 pandemic expire, according to a study published by Consumer Reports.

WORTH NOTING: A basic skin care routine without getting “sucked into a wormhole of pharmacological-sounding mumbo jumbo” … The number of fatalities in traffic accidents is rising faster than ever … The McRib is coming back next week … Why this might be the most expensive Thanksgiving dinner ever for you this year … Where to find free food and deals this Halloween weekend … Reaction to Facebook changing its company name … Nine free streaming services to save you from subscription ‘hell’ … More people are planning on giving out full-size candy bars this Halloween. Where was that when I was a kid?

What hobbies are best for your health?

Funny Friday

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