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Home Daily Digest

Daily Digest – December 24. Appeals Court Affirms Dismissal of FCRA Suit Over No-Longer-Disputed Debt; NMLS Having Issues Processing New Applications

mikegibb by mikegibb
December 24, 2021
in Daily Digest
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APPEALS COURT AFFIRMS DISMISSAL OF FCRA SUIT OVER NO-LONGER-DISPUTED DEBT

  • This is a case that should look familiar to anyone who has ever played a game of telephone and learned why firsthand if you need to pass on a message, it’s best delivered to the source, instead of an intermediary. The Ninth Circuit Court of Appeals has affirmed a lower court’s dismissal of a Fair Credit Reporting Act case in which a furnisher was accused of failing to investigate a dispute, when in fact it was being notified by two credit reporting agencies that the account was no longer being disputed.

‘UNPRECEDENTED’ VOLUME OF ACCOUNT REQUESTS CAUSING SLOWDOWN AT NMLS AS COMPANIES TRY TO FILE CALIFORNIA LICENSE APPLICATIONS

  • Much like the days leading up to Christmas are when Santa Claus and his elves really feel the crush of getting everything ready, and much like the industry felt in the days leading up to the enactment of Regulation F last month, the Nationwide Multistate Licensing System is seeing an onslaught of applications from companies seeking new accounts as they attempt to file their paperwork for a license to collect debt in California. And California’s Department of Financial Protection and Innovation wants companies to know that it will not go all Grinch on them and that it “will not take any action against a debt collector solely on the basis of the temporary slowdown with NMLS,” it said, according to the DFPI.

FDCPA SUIT OVER TEXT MESSAGES INCLUDES REFERENCE TO REG F

  • Before uncovering what is believed to be the first lawsuit alleging a debt collector violated Regulation F, I came across another complaint which references the debt collection rule, but, in this case, the alleged illegal activity took place before the rule went into effect.

A THANK YOU, FROM ME TO YOU

  • Barring some big new next week, yesterday I hosted what will likely be the last webinar of 2021. Yesterday’s webinar was the 264th live event I hosted this year — counting webinars, episodes of The Talk-Off, and webinars hosted for state collectors’ associations. Counting Mondays through Fridays, and excluding federal holidays there are 250 business days in 2021. That means that, on average, there was at least one AccountsRecovery.net event every business day of the year. From me to you, thank you.

WORTH NOTING: What this kid did in one day puts me to shame … Kind of sounds like the start of a bit from Jerry Seinfeld — what’s the deal with eggnog? … You go, Kansas. A list of each state’s favorite Christmas movie … I wish my boss would force me to take a mandatory vacation … If you are flying somewhere today, you may want to double check your flight status … What you need to know about the accuracy of different types of COVID tests … The best video games of 2021 … A bad sign for in-person events in 2022.

How to end cravings

Funny Friday

The Daily Digest is sponsored by TCN. Today, contact centers need to do more with less. TCN’s cloud-based predictive dialing tools and services help clients to leverage the most sophisticated inbound, outbound, and blended calling technologies available. TCN’s award-winning platform offers multiple features to assist in compliance while improving performance with no hardware, no monthly minimums, or maintenance fees. Call 866-745-1900 or visit tcn.com today.

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