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Home Daily Digest

Daily Digest – March 14. Collector Facing FDCPA, FCRA Suit; 15% of Adults Carrying Medical Debt

mikegibb by mikegibb
March 14, 2023
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COLLECTOR FACING FDCPA, FCRA SUIT FOR NOT INVESTIGATING DISPUTE, ALLEGEDLY ATTEMPTING TO COLLECT DEBT NOT OWED

  • In an attempt to prove that he or she has standing to sue in federal court, plaintiffs are detailing specific examples of situations where they have had to spend money or where credit has been denied to them because of an alleged error with a debt collector or an item on his or her credit report. For the first time that I have seen, a plaintiff is involving his pet to prove he has standing to pursue a case against a collection agency accused of violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act for attempting to collect a debt that the plaintiff claimed he did not owe and for failing to reasonably investigate his dispute.
  • More details here.
  • This series is sponsored by WebRecon

15% OF ALL ADULTS CARRYING PAST-DUE MEDICAL DEBT: STUDY

  • More than 60% of individuals with unpaid medical bills have been contacted by a collection agency to recover those debts, according to a report released yesterday by the Urban Institute. The report also disclosed than about 15% of all non-elderly adults living in the United States are carrying some amount of past-due medical debt and two-thirds of those adults have incomes below 250% of the federal poverty line (currently $32,000 for a single adult).
  • More details here.

APPEALS COURT UPHOLDS LOWER COURT RULING FOR ATTORNEY’S FEES IN RFDCPA CASE

  • The California Court of Appeals has upheld a lower court’s ruling awarding $30,450 in attorney’s fees to the lawyers representing a plaintiff in a Rosenthal Fair Debt Collection Practices Act case — which was about $68,000 less than the plaintiff was seeking.
  • More details here.

NCLC PETITIONS CFPB FOR RULE REGULATING CREDIT REPORTING BY COLLECTORS

  • The National Consumer Law Center has submitted a petition to the Consumer Financial Protection Bureau requesting that original creditors be responsible for furnishing information related to debt collection activity undertaken by third-party debt collectors or debt buyers, and that collectors should be required to review documents like the original application or agreement and charge-off billing statements prior to being allowed to furnish information to the credit reporting agencies.
  • More details here.

CLARK HILL ADDS ARI DERMAN TO BANKING AND FINANCIAL SERVICES PRACTICE

  • Clark Hill announced today that Ari Derman has joined the firm as Senior Counsel in its Banking and Financial Services group. He will be based in Clark Hill’s Chicago office and also be a part of the Financial Services Regulatory and Compliance team.
  • More details here.

WORTH NOTING: Let me be the first to wish you a Happy Pi Day, and where you can get Pi Day deals … Today is also Equal Pay Day … Can you find three owls in this picture of a flock of chickens? … Start going through your change jar and checking your quarters … Could this be your new favorite font? … The nine best cars for families, according to US News & World Report … How to fix your sleep schedule, if it is broken … That story you saw about the cheese? It’s not real.

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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