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Home Daily Digest

Daily Digest – December 28. Judge Denies Plaintiff’s Motion to Remand FDCPA Case Back to State Court; Lawsuit Totals Trending Downward

mikegibb by mikegibb
December 28, 2021
in Daily Digest
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JUDGE DENIES PLAINTIFF’S MOTION TO REMAND FDCPA CASE BACK TO STATE COURT

  • A default judgment obtained in an underlying collection lawsuit is enough of a concrete injury for a plaintiff to have standing in a Fair Debt Collection Practices Act case, a District Court judge in California has ruled, disagreeing with the plaintiff’s contention that he does not have standing and denying his motion to remand the case back to state court.

LAWSUIT TOTALS, CFPB COMPLAINTS TRENDING DOWNARD: WEBRECON

  • Perhaps it’s only fitting around the holidays that the monthly chart published by WebRecon detailing the number of lawsuits filed against companies in the accounts receivable management industry and the number of complaints filed by consumers with the Consumer Financial Protection Bureau have a fair bit of both red and green on it, although companies will likely be happy with the placement of both colors in said chart.

APPEALS COURT PARTIALLY AFFIRMS RULING IN FDCPA CASE, BUT OVERTURNS ATTORNEYS’ FEES AWARD

  • The Court of Appeals for the Ninth Circuit has partially affirmed and partially overturned a lower court’s ruling in a Fair Debt Collection Practices Act case, determining that the defendant was not entitled to fees and costs from the plaintiff because the District Court judge incorrectly applied a legal doctrine.

72% OF CEOS WORRIED ABOUT LOSING THEIR JOBS IN 2022: SURVEY

  • Nearly three out of four Chief Executive Officers are worried about losing their jobs in 2022, compared with 52% who felt that way last year, according to data that was released yesterday as part of a global survey of 3,000 CEOs. What is causing the anxiety in the corner office are how industries across the world are being disrupted thanks to technology and whether companies are built to adapt and thrive in markets that are evolving faster than ever.

WORTH NOTING: Some tips to help you if you ever need to give a toast … What do you do with the Christmas gifts you received but don’t want? … The days of the neverending pasta bowl may be over … If you offer a reward for the return of a lost pet, you better make good on it … Changes to how long you have to quarantine if you test positive for COVID-19 … The 10 best movies of 2021 … Watch a Tesla owner blow up his car rather than pay $22,000 to fix it … Gas prices are going up in 2022 … The secret to having more meaningful conversations.

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