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Home Daily Digest

Daily Digest – May 9. Judge Rules Debt Not for Personal Use in FDCPA Case; Consumers Still in Good Position to Pay Debts: Encore CEO

mikegibb by mikegibb
May 9, 2022
in Daily Digest
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JUDGE RULES DEBT NOT FOR PERSONAL USE IN FDCPA CASE

  • I don’t know about you, but with all the times that I have purchased real estate — one, to be exact — I remembered whether I was at the closing or whether I had someone attend for me, and whether I inspected the property or whether I bought it sight unseen. The inability for a plaintiff to recall such important details cost him a Fair Debt Collection Practices Act case when a District Court judge in Florida ruled in favor of the defendant following a bench trial that was held last week. Ultimately, the plaintiff’s changing recollections kept the judge from determining whether the debt in question was for personal, household, or family purposes, required to meet the definition of “debt” under the FDCPA.

APPEALS COURT OVERTURNS ADA RULING AGAINST ARM INDUSTRY COMPANY

  • The Court of Appeals for the Ninth Circuit has reversed a lower court’s ruling in favor of a defendant that was accused of violating the Americans with Disabilities Act, ruling the company — one involved in the accounts receivable management industry — terminated the plaintiff’s employment because she was unable to return to work promptly after a surgical procedure.

CONSUMERS STILL IN GOOD POSITION TO PAY DEBTS: ENCORE CEO

  • Inflation and rising gas prices have not yet started to impact consumers’ ability to pay their debts, and overall consumer strength is continuing, but maybe not at the levels seen during the pandemic, the chief executive of Encore Capital Group said last week during a conference call with analysts to discuss the company’s first quarter financial performance.

EXPERTS SHARE CONTEXT ON CASES IMPACTING ARM INDUSTRY

  • Understanding the context and consequences of court rulings can be difficult. Thankfully, there are experts out there that can do it for us. Leslie Bender, Michael Klutho, Stacy Rodriguez, Heath Morgan, Caren Enloe, Mitch Williamson, Jason Tompkins, and Jonathan Robbin break down the ins and outs of cases impacting the ARM industry in this week’s Compliance Digest, which is brought to you by Bedard Law Group.

WORTH NOTING: How a video doorbell saved a family from a wildfire … Is there a correlation between a drop in the number of incidents of unruly passengers on airplanes and the end of the mask mandate? … The secret science behind the power of small talk … Should you bring employees back to the office? … The cost of Internet service is going to go down for low-income Americans … The CEO of Airbnb has some interesting thoughts on working in offices … If you are going or sending someone to summer camp this year, it’s going to cost a lot more … How to work smarter if you use Google Docs.

The perks of living without social media

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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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