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Home Daily Digest

Daily Digest – March 21. Collector Facing Class Action for Overshadowing; Judge Grants MTD in FDCPA Class Action

mikegibb by mikegibb
March 21, 2023
in Daily Digest
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COLLECTOR FACING CLASS ACTION FOR OVERSHADOWING VALIDATION NOTICE WITH SETTLEMENT OFFER

  • A collection operation is facing a class-action lawsuit in federal court for allegedly violating the Fair Debt Collection Practices Act by sending the plaintiff a letter that offered to settle the debt for less than the full balance, but set a deadline on the offer that was the same date as the expiration of the 30-day window to seek validation or dispute all or part of the debt. The letter also included a typo where the “Your Interest” line item was listed as “<<Insert4>>” in the letter.
  • More details here.

JUDGE GRANTS MTD IN FDCPA CLASS ACTION OVER LACK OF LICENSE

  • A District Court judge in New Jersey has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action case, ruling the plaintiff lacked standing to sue after receiving a letter that referenced a current creditor which was purportedly not licensed to collect in The Garden State.
  • More details here.

COLLECTION ITEMS NOT INCLUDED IN ADVOCACY GROUP’S RANKING OF STEPS TAKEN BY CFPB TO PROTECT CONSUMERS

  • Maybe it says something about the state of the accounts receivable management industry that not a single debt collection topic is on the list of the Top 20 actions that the Consumer Financial Protection Bureau took in 2022 to make the marketplace safe for consumers, according to a report releases by U.S. PIRG.
  • More details here.

FCC ADOPTS RULE TO BLOCK SCAM TEXTS

  • The Federal Communications Commission voted last week to adopt rules against scam text messages sent to consumers amid calls for taking further regulatory action in the area of text messages.
  • More details here.

WORTH NOTING: President Biden vetoed his first bill yesterday … A list of ten things you can do during your downtime if you’re not traveling for Spring Break … The average size of a one-bedroom apartment is getting smaller … A company that wants to pay you up to $50 per month for the data you generate … How to properly clean your mattress … A lot of parents lied about their kids’ COVID status so they could send them back to school … Experts weigh in on the smart things to do in the wake of recent bank failures … Strategies from realtors to help you buy a home this Spring.

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