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Home Daily Digest

Daily Digest – May 8. Appeals Court Affirms Ruling Binding Defendant to Settlement; Judge Denies Motion for Attorney’s Fees in FDCPA Case

mikegibb by mikegibb
May 8, 2023
in Daily Digest
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APPEALS COURT AFFIRMS RULING, DEFENDANT BOUND BY SETTLEMENT REACHED BY FORMER ATTORNEY

  • If you are going to convince a federal judge that he or should should believe you over a lawyer, you better have some solid proof, a panel of judges from the Court of Appeals for the Third Circuit has ruled, affirming a lower court’s ruling that a defendant in a Fair Debt Collection Practices Act case should be bound by the terms of a settlement that his attorney reached.
  • More details here.

JUDGE DENIES MOTION FOR ATTORNEY’S FEES IN FDCPA CASE IN WHICH PLAINTIFF NEVER APPEARED

  • Everyone has war stories about credit repair firms that sue on behalf of clients who don’t even know they are now plaintiffs in a lawsuit. A case involving Credit Repair Lawyers of America in which the plaintiff never responded to the firm’s attorneys or to a hearing in front of a federal judge led the defendant to seek attorney’s fees, but precedent in the Ninth Circuit precluded a District Court judge in Arizona from doing so.
  • More details here.

CHOPRA REITERATES CFPB’S COMMITMENT TO REDUCING ‘STRESS OF MEDICAL DEBT’

  • Rohit Chopra, the director of the Consumer Financial Protection Bureau, reiterated last week that the Bureau is looking for “ways we can reduce the stress of medical debt and coercive credit reporting,” during a speech to revenue cycle managers at an industry conference. Chopra called on those in the audience to share any “concerning patterns” that they identify with respect to billing and debt collection practices and any credit-based repayment programs that they offer. 
  • More details here.

EVERYTHING YOU NEED TO KNOW ABOUT RECENT COURT CASES AND ENFORCEMENT ACTIONS

  • Stefanie Jackman handicaps the likelihood of a bill abolishing the CFPB becoming law; Stacy Rodriguez on why an FDCPA lawsuit is one “to watch,”; and Chelsey Pankratz on an Appeals Court ruling that may hint the attack on standing is reaching its nadir; with additional commentaries from Michael Klutho, Mitch Williamson, and Heath Morgan in this week’s Compliance Digest.
  • More details here.
  • This series is sponsored by Bedard Law Group

WORTH NOTHING: Photos from the coronation of King Charles III … A high school baseball coach with morals that most of us may not have had the guts to use … Get paid to watch all the “Fast and the Furious” movies … The future of work, according to 930 million professionals … Why a lot of people are unwilling to consider an EV … The side hustles that actually make money and those that are a waste of time … Woo-hoo! All-you-can-eat restaurants are back! … Which state is the best in the nation?

Music Monday, part I

Music Monday, 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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