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Home Daily Digest

Daily Digest – November 12. Judge Grants Defendant’s Motion for Judgment in FDCPA, FCRA Case; Hunstein Defendant Asks for Extension

mikegibb by mikegibb
November 12, 2021
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JUDGE GRANTS DEFENDANT’S MOTION FOR JUDGMENT IN FCRA, FDCPA CASE

  • Is it possible for an individual to sue a debt collector for violating the Fair Credit Reporting Act and Fair Debt Collection Practices Act for allegedly attempting to collect a debt that the individual believes he did not owe, when the individual took no action against the original creditor for placing the allegedly illegitimate debt in the first place? A District Court judge in New York says no, and has granted a defendant’s motion for judgment on the pleadings.

DEFENDANT IN HUNSTEIN CASE ASKS FOR EXTENSION TO FILE EN BANC PETITION

  • The defendant in the Hunstein case has filed a motion with the Eleventh Circuit Court of Appeals seeking an extension to file its petition for an en banc rehearing and asked the Court to withhold issuing a mandate in the case as part of its attempt to overturn the ruling.

REGULATORS ANNOUNCE END TO SERVICERS’ PANDEMIC ‘TEMPORARY FLEXIBILITY’

  • Mortgage servicers, your time is up. The 18 months that you have been given to adjust your operations in order to work with individuals who have been affected by the COVID-19 pandemic and “develop robust business continuity and remote work capabilities” are enough that state ad federal regulators have come together and announced that the “temporary flexibility” that they offered regarding their supervision and enforcement prerogatives are over.

NCLC REPORT RATES STATES ON EXEMPTION LAWS

  • There isn’t a state in the country that is adequately protecting families from debt collectors, debt buyers, and creditors with exemption laws, allowing individuals to keep some of their assets or paychecks when a garnishment order or judgment is awarded, according to a report issued this week by the National Consumer Law Center. The report calls on state legislatures to reform their exemption laws — especially as individuals look to regain financial stability as the pandemic’s protections expire — because without those protections, states are preventing their residents from enjoying a fresh start.

WORTH NOTING: What Subway was allegedly putting in its tuna might surprise you … The average price of a new car might surprise you, too … Bosses weigh in on the future of the office … The best Thanksgiving recipes … What it’s like living on a cargo ship … A trend has reversed: Americans are ditching knock-off brands in favor of known names … Tips to help you stretch your dollar as inflation keeps rising … Why are they messing with a classic?

A neuroscientist explains memory

Funny Friday

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Defendant in Hunstein Case Asks for Extension to File En Banc Petition

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