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Home Daily Digest

Daily Digest – July 5. Judge Denies MSJ in FDCPA Case Over Cease Request; Appeals Court Overturns Dismissal of FDCPA Suit

mikegibb by mikegibb
July 5, 2022
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JUDGE DENIES MSJ IN FDCPA CASE OVER CEASE REQUEST

  • A District Court judge in Pennsylvania has denied a defendant’s motion for summary judgment, ruling that “reasonable juror” could determine that a collector acted with “requisite intent” when it made 12 calls to an individual after being notified that the individual no longer wanted to be contacted about an unpaid debt because he had been diagnosed with cancer.

APPEALS COURT OVERTURNS DISMISSAL OF FDCPA SUIT RELATED TO BALANCE ON STATEMENT

  • The Court of Appeals for the Eleventh Circuit has overturned the dismissal of a Fair Debt Collection Practices Act case, ruling that statements sent to the plaintiffs indicating that the balance on the debt was accruing when a settlement had been reached is enough for the plaintiffs to state a claim under the statute.

DEADLINE LOOMS FOR ARIZONA MEDICAL DEBT BALLOT MEASURE

  • Friday is the deadline for a group seeking to increase the protections that consumers can use to shield assets from garnishments to pay medical debts while also lowering the judgment interest rate on medical debt to get enough signatures to add the measure to the November ballot in Arizona.

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. Michael Klutho, Nick Prola, and Jason Tompkins 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: Fruit or vegetable? Take this healthy food quiz … The average car payment hits another new record high … How to make your Zoom meetings look better … How inflation is making homelessness worse … How one woman won $100,000 on a scratch-off ticket — for the third time in five years … Why it took some passengers on American Airlines three days to get home while another passenger has been waiting in Toronto for his luggage, for more than two weeks … I like ketchup just as much as the next person, but not as a popsicle flavor … How to shop like a pro on Prime Day.

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