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Home Daily Digest

Daily Digest – March 24. Trio of Reg F Class Actions Filed Against Collectors; Appeals Court Vacates Award for Defendant

mikegibb by mikegibb
June 12, 2023
in Daily Digest
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TRIO OF REG F CLASS ACTIONS ACCUSE COLLECTORS OF NOT INCLUDING VALIDATION INFORMATION IN LETTERS

  • A trio of class-action lawsuits have been filed against a pair of defendants for allegedly violating the Fair Debt Collection Practices Act because they opted not to use the Model Validation Notice and allegedly did not include the validation information or consumer response information. Two of the lawsuits were filed against the same defendant in New York state court and have been removed to federal court by the defendant. The third case was filed in Minnesota federal court.
  • More details here.
  • This series is sponsored by WebRecon

SECOND CIRCUIT RULES CFPB FUNDING STRUCTURE IS CONSTITUTIONAL IN AFFIRMING CID AGAINST COLLECTION LAW FIRM

  • The Court of Appeals for the Second Circuit today issued a ruling that upheld a lower court’s decision to grant a petition from the Consumer Financial Protection Bureau to enforce a Civil Investigative Demand against a collection law firm, determining in the process that the funding structure of the Bureau is constitutional. The ruling conflicts one that was issued by the Court of Appeals for the Fifth Circuit and is now waiting for the Supreme Court to hear arguments.
  • More details here.

APPEALS COURT VACATES AWARD FOR DEFENDANT IN FDCPA CASE TO DETERMINE IF PLAINTIFF HAD STANDING IN THE FIRST PLACE

  • The Court of Appeals for the Third Circuit has vacated a judgment on the pleadings in favor of a defendant and remanded a Fair Debt Collection Practices Act case back to the District Court in order to determine whether the plaintiff had standing to sue in the first place.
  • More details here.

PRA GROUP TO PAY $24M UNDER CONSENT ORDER WITH CFPB

  • PRA Group will pay more than $24 million in fines and restitution to consumers as part of a consent order announced yesterday by the Consumer Financial Protection Bureau for violating the terms of a 2015 enforcement order by engaging in a number of prohibited collection-related actions.
  • More details here.

WORTH NOTING: Ever wondered if you would be able to land a plane in an emergency? Here are all the reasons you wouldn’t be able to … The World Clown Association is hosting its 40th annual convention in Orlando … I have always wanted to visit Australia, but now I am not so sure … The TSA is dividing the Internet by determining that peanut butter is a liquid … The top five issues that damage the relationship between managers and teams … Can the sit-to-stand test predict how long you will live? … Meet the man with the best mullet in the United States … The favorite car for each generation.

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.

Related

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PRA Group to Pay $24M Under Consent Order with CFPB

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Bill Introduced in House to Amend FDCPA, FCRA With Respect to Medical Debts

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