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Home Daily Digest

Daily Digest – January 20. Complaint Alleges Attempts Made to Collect After Responding to Cease Complaint; Judge Grants MTD in FDCPA Case

mikegibb by mikegibb
January 20, 2023
in Daily Digest
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COMPLAINT ALLEGES ATTEMPTS TO COLLECT MADE AFTER RESPONDING TO CFPB COMPLAINT THAT THEY WOULD STOP

  • Is telling a collector that you “will not be paying these accounts” the same as refusing to pay? Is that an interpretation that a collector should make? A consumer has filed a lawsuit against a collector for violating the Fair Debt Collection Practices Act for attempting to collect on a debt after receiving that update and for allegedly sending four letters to the plaintiff after responding to a CFPB consumer complaint saying that it would cease all communications.
  • More details here.
  • This series is sponsored by WebRecon.

JUDGE GRANTS MTD IN FDCPA CASE OVER LETTERS SENT TO WRONG PERSON

  • A District Court judge in Arizona has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by attempting to collect a debt that the plaintiff said he did not owe, largely because the plaintiff never submitted the documentation requested by the plaintiff and there was nothing wrong with the attempts to collect made by the defendant.
  • More details here.

CFPB RELEASE GUIDANCE ON ‘TRICKS’ USED BY COMPANIES TO KEEP CONSUMERS ENROLLED IN SUBSCRIPTION SERVICES

  • The Consumer Financial Protection Bureau yesterday released guidance advising companies that taking advantage of consumers by making it too hard to cancel subscription services or trial periods where a reduced fee is charged for a period of time could run afoul of federal law. These types of services, called “negative option” services essentially “interpret a person’s silence or failure to cancel an agreement as continued acceptance of the offer,” according to the CFPB.
  • More details here.

IN CASE I FORGET TO TELL YOU, I HAD A REALLY GOOD TIME AT ARMTECH

  • I was talking with my son Evan this morning and I told him that, five days from now, ARMTech will be over and it feels kind of like the days leading up to Christmas, where you spend all this time planning and preparing, and then it’s done and life goes back to the way it was. For me, ARMTech is very much like Christmas. I am so excited for it to be here and can’t wait. Today is the last day I get to talk about the event in the future tense. This weekend, nearly 300 industry professionals will descend on Nashville in the hopes of learning more about how to use technology to collect more efficiently, and then go back to their offices, and it will be all over. I wanted to take a quick second and thank everyone who has helped me get to this point.
  • More details here.

RMAI ANNOUNCES KEYNOTE ADDRESS BY DAN SIMMONS, REVEALING KEY DATA AND TRENDS

  • RMAI is pleased to announce that the Keynote Address at the 2023 RMAI Annual Conference will be given by Dan Simmons, Senior Director of Research at TransUnion, who will speak on recent trends affecting the receivables management industry.
  • More details here.

WORTH NOTING: How donkeys have changed the course of human history … How about having to keep the lights on because nobody knows how to turn them off … A font feud is brewing at the State Department … The germiest place in your kitchen may not be where you think it is … The oldest living dog in the world has been crowned … An off-menu item available at some Waffle Houses is going viral … It’s not a super hero – the Green Comet is coming … Savings mistakes that people make when building their financial life.

Funny Friday, part I

Funny Friday, 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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