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Home Daily Digest

Daily Digest – October 16. Judge Grants Plaintiff’s Motion to Remand FDCPA Case Back to State Court; Judge Certifies TCPA Suit Over Calls to Wrong Numbers

mikegibb by mikegibb
October 16, 2023
in Daily Digest
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Judge Grants Plaintiff’s Motion to Remand FDCPA Case Back to State Court

  • A District Court judge in Wisconsin has denied a defendant’s attempt to keep a Fair Debt Collection Practices Act case in federal court, and granted the plaintiff’s motion to remand the case back to state court on the grounds that the plaintiff did not suffer a concrete injury and thus has no standing to sue in federal court. The judge didn’t buy the defendant’s argument that the plaintiff made a “plausible inference” to suffering an actual injury by claiming a collection letter allegedly miscalculated the amount of interest that was owed on an unpaid debt.
  • More details here

Judge Certifies TCPA Suit Over Calls to Wrong Numbers

  • A District Court judge in Washington has certified two classes in a Telephone Consumer Protection Act case against a healthcare provider that was accused of violating the statute by making calls using an artificial or prerecorded voice to individuals that had not provided their consent to receive calls and by making calls to individuals whose accounts had been flagged as those not to be called.
  • More details here.

CFPB Cites ‘Pay-to-Pay’ Fees as Problem in New Supervisory Highlights on Junk Fees

  • The Consumer Financial Protection Bureau (CFPB) recently issued a new edition of its Supervisory Highlights that included a section on debt collectors’ collection of pay-to-pay fees. The CFPB has affirmed that federal law often prohibits debt collectors from charging “pay-to-pay” fees, which are commonly described by debt collectors as “convenience fees.”
  • More details here.

Compliance Digest – October 16

  • Five compliance and legal experts share their opinions and perspective on the most recent cases to impact the accounts receivable management industry in this week’s Compliance Digest. See who and what they had to say by clicking the link!
  • More details here.
  • This series is sponsored by Bedard Law Group

WORTH NOTING: Why it’s OK to put “dry clean only” clothes in the washer and other laundry tips … Five on-the-job snacks that boost brain power and productivity … If you want to live off the grid, here are the five best places to do it in the United States … Why Chick-fil-A employees never say “You’re welcome” … Seven things to think about when it comes to getting a COVID booster … If you’re due for a raise next year, here’s how much it is likely to be … Gear and tips to winter-proof your home … The seven most offensive things you can do on an airplane.

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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CFPB Cites ‘Pay-to-Pay’ Fees as Problem in New Supervisory Highlights on Junk Fees

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