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Home Daily Digest

Daily Digest – February 8. Appeals Court Affirms Dismissal of FDCPA Class Action; The Ups and Downs of Collections

mikegibb by mikegibb
February 8, 2023
in Daily Digest
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APPEALS COURT AFFIRMS DISMISSAL OF FDCPA CLASS ACTION OVER ISSUES WITH LETTER

  • The Court of Appeals for the Third Circuit yesterday affirmed the dismissal of a Fair Debt Collection Practices Act class-action case for failure to state a claim in favor of a defendant that was sued for sending a collection letter to the plaintiff that allegedly referenced an incorrect balance, did not itemize the debt, did not indicate whether interest was accruing, and whether the inclusion of attorney’s fees and reference to the original creditor were misleading or deceptive.
  • More details here.

THE UPS AND DOWNS OF COLLECTIONS

  • LAS VEGAS — What goes up, must come down. While some attribute this well-known saying to Sir Isaac Newton in 1665 or 1666 after he pondered why an apple fell straight down from a tree and never went sideways or some other direction, the saying actually goes back about 200 years and has been used since then to describe — in a somewhat colorful manner — that all trends must end. Nothing good — or bad — lasts forever. It seems as though RMA International’s 2022 annual conference is serving as the unofficial end of the good times that the accounts receivable management industry has had for the past few years, thanks to economic stimulus payments, debt moratoriums, and people just spending less money during the pandemic.
  • More details here.

JUDGE DISMISSES FDCPA CASE OVER USE OF COUNTY SHERIFF AS PROCESS SERVER

  • A District Court judge in Indiana has adopted a Magistrate Judge’s report that recommended a defendant’s motion to dismiss be granted in a Fair Debt Collection Practices Act case related to the use of law enforcement officials effecting the service of process for a collection lawsuit.
  • More details here.

23 COMPANIES SEEKING COLLECTION TALENT

  • Companies like Coast Professional, Capio, OneMain Financial, and Rausch Sturm are among those looking to fill vacancies in their collection operations.
  • The job listings are great for those looking for work and are also great tools for companies to use as sources for ideas about what to include in their own job descriptions and to see how other companies write their job ads.
  • More details here.

WORTH NOTING: Five takeaways from last night’s State of the Union address … Are you ready to celebrate National Pizza Day? … People are worried about the debt they are incurring after spending on Valentine’s Day gifts … Busting three of the biggest myths related to working remotely … Experts weigh in on how to make a great first impression … Why filing your tax return later can sometimes be better … The best cities for homebuyers in 2023 … Consumers are fearful about making big purchases.

Smart questions to ask during a job interview

Answering questions about brain surgery

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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