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Home Daily Digest

Daily Digest – October 25. Collection Firm Accused of Sending MVN to Represented Individual; Judge Denies Motion to Remand FDCPA Case Back to State Court

mikegibb by mikegibb
October 25, 2022
in Daily Digest
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COLLECTION FIRM ACCUSED OF SENDING MVN TO REPRESENTED INDIVIDUAL

  • Sending an individual a Model Validation Notice has led to a law firm facing a Fair Debt Collection Practices Act lawsuit, because the law firm allegedly knew the individual was being represented by an attorney, according to a complaint filed in the District Court for the Northern District of Georgia.
  • More details here.
  • This series is sponsored by WebRecon.

JUDGE DENIES MOTION TO REMAND FDCPA CASE BACK TO STATE COURT

  • A District Court judge in California has denied a plaintiff’s request to remand a Fair Debt Collection Practices Act case to state court, ruling the plaintiffs have standing to sue because an FDCPA cause of action was “undeniably” alleged in the complaint.
  • More details here.

APPEALS COURT REVERSES RULING WHETHER CALL CENTER AGENTS SHOULD BE PAID WHILE COMPUTERS BOOT UP, SHUT DOWN

  • The Court of Appeals for the Ninth Circuit has overturned a lower court’s ruling in favor of the defendant and ruled that the time spent by agents in a call center booting up and turning off their computers is an “integral and indispensable” part of their duties and they should be paid for that time, regardless of how long it takes.
  • More details here.

W.V. AG CALLS FOR CFPB TO STOP USING ‘UNCONSTITUTIONALLY APPROPRIATED’ FUNDS

  • The Attorney General of West Virginia has become the first to publicly question how the Consumer Financial Protection Bureau will continue to operate following a ruling last week from the Court of Appeals for the Fifth Circuit, sending a letter to the director of the agency asking what plans it is making in order to comply with the ruling.
  • More details here.

WORTH NOTING: I can’t even get my keys into the keyhole on the first try … Experts weigh in on why you shouldn’t bag your leaves this Fall … A tutorial on how to make the bed … A beloved item is back for what may be its farewell tour … Why you need to embrace “unreasonable hospitality” … Is now the time to be hiring? … We don’t appear to be doing a good job of making the world a better place for our kids … Five people are stranded in the Grand Canyon Caverns, but do have the run of the place, including a hotel suit.

Trailer Tuesday, part I

Trailer Tuesday, part II

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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