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Home Daily Digest

Daily Digest – May 15. Judge Partially Grants MSJ for Plaintiff in FDCPA Case; Judge Grants Default Judgment for CFPB

mikegibb by mikegibb
May 15, 2023
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JUDGE PARTIALLY GRANTS MSJ FOR PLAINTIFF IN FDCPA CASE

  • A Magistrate Court judge in Nevada has partially granted a plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case — but only on the grounds that there are no genuine issues of material fact that the plaintiff is a consumer, the defendant is a debt collector, and the debt in question arose out of a transaction for personal, family, or household purposes — otherwise denying the motion on all the counts related to allegedly violating the FDCPA.
  • More details here.

JUDGE GRANTS DEFAULT JUDGMENT FOR CFPB, STATE AGS IN ENFORCEMENT ACTION

  • A District Court judge in Virginia has granted default judgment against each of the defendants in a civil lawsuit filed by the Consumer Financial Protection Bureau and the Attorneys General of New York, Massachusetts, and Virginia against a company accused of taking advantage of immigrants, ruling the defendants are in civil contempt and that “if default judgment is to ever be warranted as a sanction for discovery abuses, it is emphatically so in this case.”
  • More details here.

STUDENT LOAN MORATORIUM COSTING GOV’T $5B/MONTH, THINK-TANK CLAIMS IN SUIT

  • The moratorium on student loan payments has cost the federal government $160 billion in lost assets and the federal government should be ordered to force individuals with unpaid student loan debts to start repaying them, according to a nonprofit think-tank that is seeking a preliminary injunction against the Department of Education.
  • More details here.

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

  • Jessica Klander shares her thoughts about a ruling in a lawsuit over an undated Model Validation Notice, Xerxes Martin praises a ruling in a phone number case for its “detailed analysis,” Khari Ferrell and Laurie Nelson break down rulings in cases involving sovereign citizens, and more in this week’s Compliance Digest.
  • More details here.
  • This series is sponsored by Bedard Law Group

WORTH NOTHING: People share the best life advice they ever received from their moms … Billionaire Mike Bloomberg shares advice on how to reach financial success … Hotels everywhere are rolling out the red carpet for your pets … How managers can empower their teams to reach their full potential … How to take control over your email inbox … Good-bye, “The Great Resignation.” Hello to “The Big Stay” … Why companies will be giving out free pizza and bagels forever … Meet parents who are “unschooling” their kids.

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.

Related

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Student Loan Moratorium Costing Gov’t $5B per Month, Think-Tank Claims in Suit

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FDCPA Suit Takes ‘Known or Should Have Known’ to New Levels

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