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Home Daily Digest

Daily Digest – January 25. Appeals Court Partially Overturns Ruling in FDCPA Case; Reg F Lawsuit Filed Over Credit Reporting

mikegibb by mikegibb
January 25, 2022
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APPEALS COURT PARTIALLY OVERTURNS RULING FOR DEFENDANT IN FDCPA CASE

  • The Court of Appeals for the Ninth Circuit has partially affirmed and partially reversed a lower court’s ruling in a Fair Debt Collection Practices Act case, determining that the District Court judge should not have granted summary judgment for a collection law firm that “expressly” informed an individual in a collection letter that any dispute must be filed in writing.

REG F LAWSUIT FILED AGAINST COLLECTOR OVER CREDIT REPORTING

  • A plaintiff in Texas has filed a lawsuit against a debt collector, claiming it violated the Fair Debt Collection Practices Act and Regulation F by allegedly reporting a debt to the credit reporting agencies that had already been paid in full.

JUDGE GRANTS MSJ FOR DEFENDANT ON HUNSTEIN CLAIM, DENIES MSJ ON TCPA ATDS CLAIM

  • There have been a number of rulings in Hunstein cases and a number of rulings in post-Facebook Telephone Consumer Protection Act cases, but rarely, if ever, has there been a ruling that addresses both of these landmark cases. A District Court judge in Tennessee has partially granted a defendant’s motion for summary judgment in a case alleging that the defendant violated the Fair Debt Collection Practices Act by using a letter vendor to send collection notices to the plaintiff and the TCPA by contacting the plaintiff on her cell phone without her consent.

CFPB TO TAKE CLOSER LOOK AT CREDIT CARD RATES, FEES

  • The Consumer Financial Protection Bureau may have sent another canary down the coal mine, this time on the topic of interest and fees charged by credit card issuers.

ALLIANT CAPITAL MANAGEMENT ADOPTS FAMILY FOR SEASON OF GIVING

  • Alliant Capital Management, a professional debt collection agency with offices in Buffalo, NY and Chandler, AZ, is celebrating the holidays by sponsoring a family of five this Christmas.

WORTH NOTING: Not paying attention to her spam folder nearly cost a woman a $3 million jackpot … Evidence of a lightsaber that can cut through steel … Your biggest enemy when trying to save for retirement … The real reasons why employees are leaving in droves … A new strategy for networking in the digital age … Give blood and get free Krispy Kreme donuts … Is it ok to listen to a butt dial message? … Can anyone stop Amy Schneider?

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