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Home Daily Digest

Daily Digest – May 17. Appeals Court Revives FCRA Case; Judge Partially Dismisses FDCPA Case

mikegibb by mikegibb
May 17, 2022
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APPEALS COURT REVIVES FCRA CASE OVER REASONABLE INVESTIGATION THRESHOLD

  • The Court of Appeals for the Ninth Circuit yesterday reversed a lower court’s summary judgment ruling in favor of a defendant sued for violating the Fair Credit Reporting Act, determining that the “reasonable investigation” it conducted when the plaintiff disputed the accuracy of the information on his credit report needs to be left up to a jury to decide.

JUDGE PARTIALLY GRANTS MTD IN FDCPA CASE OVER ‘IMPROPER’ DEFAULT JUDGMENT MOTION IN UNDERLYING COLLECTION SUIT

  • A District Court judge in Kentucky has partially granted and partially denied a collection attorney’s motion to dismiss a Fair Debt Collection Practices Act lawsuit, ruling that the attorney’s motion for default judgment in an underlying collection case was “improper” because the plaintiff had filed a response to the suit.

COMPLAINT ACCUSES COLLECTOR OF VIOLATING FDCPA, REG F BECAUSE LETTER WAS UNDATED

  • Consumer attorneys are seizing upon the fact that validation notices sent to consumers no longer need to have the date the letter was mailed on it, and are suing collectors for violating Regulation F and the Fair Debt Collection Practices Act, alleging that the validation date provided in those notices is not accurate. The latest lawsuit accuses a collector of just that, claiming that the company “shortened the requisite validation period.”

PAYCHECK-TO-PAYCHECK BACK TO A WAY OF LIFE FOR MORE AMERICANS

  • The number of consumers who are living paycheck-to-paycheck, meaning they are not able to put aside any money for savings or emergency funds, is back to pre-pandemic levels, according to a published report, and the financial difficulties are being felt by people on all rungs on the income ladder.

MENTAL WELL-BEING GROUP BUILDS AWARENESS AND SUPPORT FOR PRA GROUP EMPLOYEES WORLDWIDE

  • Mental Health Awareness Month was designated in the U.S. to nationally decrease the stigma surrounding mental health and encourage open conversation to prevent suicides, violence, depression and other problems associated with low mental health.

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