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Home Daily Digest

Daily Digest – July 17. Biden Administration Wipes out $39B in Student Loans; Appeals Court Upholds Ruling for Defendant in FDCPA Case Thanks to Bona Fide Error Defense

mikegibb by mikegibb
July 17, 2023
in Daily Digest
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Biden Administration Wipes out $39B in Student Loans

  • The Department of Education announced on Friday that more than 804,000 borrowers will automatically receive a combined $39 billion in student loan forgiveness as part of an effort to rectify historical flaws in the the servicing of federal student loans.
  • More details here.

Appeals Court Upholds Ruling for Defendant in FDCPA Case Thanks to Bona Fide Error Defense

  • The Court of Appeals for the Seventh Circuit has affirmed a lower court’s summary judgment ruling in favor of a defendant that used the Fair Debt Collection Practices Act’s Bona Fide Error defense, agreeing with the District Court that 12 calls placed during a three-week period is not harassing and that the deliberate circumvention of the dispute instructions by the plaintiff’s husband — also her attorney — entitled the defendant to use the defense.
  • More details here.

Appeals Court Partially Reverses FDCPA Case Based on Statute of Limitations

  • The Court of Appeals for the Ninth Circuit has partially affirmed the dismissal of a Fair Debt Collection Practices Act case — determining that an individual who has had loans discharged in bankruptcy cannot subsequently accuse a collector of violating the statute — but also reversed the dismissal of claims based on the FDCPA’s one-year statute of limitations, introducing a new test for determining which acts constitute independent violations of the law.
  • More details here.

Appeals Court Affirms Dismissal of FDCPA Suit

  • The Court of Appeals for the Eleventh Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case, but remanded the case back to the District Court to dismiss it without prejudice instead of with prejudice as it was originally adjudicated.
  • More details here.

Compliance Digest – July 17

  • If you are lazy like I am, then having people tell you why something is important is always better than trying to figure it out for yourself. Why not let Leslie Bender, David Schultz, Loraine Lyons, Khari Ferrell, David Kaminski, and Christopher Morris tell you want you need to know about the importance compliance and legal developments of the past week?
  • More details here.
  • This series is sponsored by Bedard Law Group

WORTH NOTHING: Why you may want to consider having quieter conversations when out in public … The winners of the 2023 Comedy Pet Photo awards are in … Tips to keep your pets safe in extreme heat … A new survey sheds light on the consumer debt burden … Strategies to help you negotiate when the other person has the advantage … See the estate that just set a record for the most expensive property sold in Massachusetts … Six things that anyone who is a nervous flyer should know … Why is America falling out of love with ice cream?

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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