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Home Daily Digest

Daily Digest – February 1. Judge Denies MTD in FDCPA Class Action; Judge Certifies Class in Wrong Number TCPA Case

mikegibb by mikegibb
February 1, 2022
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JUDGE DENIES MTD IN FDCPA CLASS ACTION, RULES POSTAGE CONFERS STANDING

  • For more than a year, judges across the country have been attacking the issue of standing and whether plaintiffs suing collectors for violating the Fair Debt Collection Practices Act have suffered a concrete injury. In many of those cases, judges have indicated that a concrete injury is more than just anxiety or emotional distress; there needs to be a financial component. A District Court judge in Hawaii has determined that the price of paying for postage to mail a dispute letter is enough of a concrete injury for a plaintiff to have standing to sue, and has denied a defendant’s motion to dismiss as well as a motion to decertify a class action.

JUDGE CERTIFIES CLASS IN WRONG NUMBER TCPA CASE INVOLVING COLLECTION CALLS

  • A District Court judge in Arizona has certified a class in a Telephone Consumer Protection Act case that alleged a financial institution made collection calls using an artificial or prerecorded voice to more than 1 million non-customers on their cell phones without first obtaining consent.

BANKING GROUPS ASK CFPB FOR STUDY ON OVERDRAFT FEES

  • Five of the nation’s major banking trade groups have sent a letter to Rohit Chopra, the Director of the Consumer Financial Protection Bureau, asking the Bureau to conduct a consumer study or focus groups before making any decisions on what to do about overdraft fees, arguing that the information published by the CFPB so far lacks “important facts” about how much the product is used and valued by consumers.

STUDY SHEDS LIGHT ON SHIFTING CONSUMER PAYMENT PREFERENCES

  • Following up on yesterday’s article about how consumer payment trends are changing and continuing to push more toward digital channels and away from checks and cash is another study that reveals that three-quarters of consumer payments will be handled by non-traditional financial services institutions by the end of this decade, up from 60% just two years ago.

WORTH NOTING: Athletes have started competing at the Olympics, and is there a better way to start than with curling? … It’s time to start planning what dips you’ll be serving at your Super Bowl party … So help me if they put Wordle behind their paywall … Like you need that many, but here are 12 reasons why you should consider running around naked in your backyard … A journaling method that could transform your productivity … Domino’s is going to start paying you to pick up your pizza … The physics of how N95 masks work … An abandoned weather station in the Arctic has new inhabitants.

Why oranges come in red mesh bags

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