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Home Daily Digest

Daily Digest – December 1. Complaints Accuse Collectors of Ignoring Requests to Communicate via Specific Channels; Judge Grants MTD in FDCPA Class Action Over Credit Reporting Language in Letter

mikegibb by mikegibb
December 1, 2023
in Daily Digest
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Complaints Accuse Collectors of Ignoring Requests to Communicate via Specific Channels

  • Usually, I look through WebRecon’s database to find a complaint that I think is interesting, noteworthy, or bizarre enough that it bears spotlighting it for the ARM industry. Today, I don’t just bring you one complaint; I bring you two. These are emblematic of a growing number of complaints I am seeing where individuals send notifications to collection operations indicating which communication channels the individuals want collectors to use, only to have the collector send the next communication in a different way.
  • More details here
  • This series is sponsored by WebRecon

Judge Grants MTD in FDCPA Class Action Over Credit Reporting Language in Letter

  • It is very uncommon for a ruling at the District Court level in a Fair Debt Collection Practices Act case to not only have a Table of Contents, but one with sections and subsections, even if it is a class action. At the start, that’s a sign that this is not your ordinary ruling. But, in what is good news for the industry, at the end of that 28-page ruling is the judge granting the defendant’s motion to dismiss because the plaintiffs lacked standing to sue.
  • More details here.

Bill Introduced in Senate to Criminalize Illegal Robocallers

  • A bill has been introduced in the Senate that would criminalize certain provisions of the Telephone Consumer Protection Act while also increasing the maximum financial penalties for violating certain provisions of the Act.
  • More details here.

Appeals Court Affirms Dismissal of FDCPA Suit Against Creditor

  • As I have stated, on numerous occasions, I am not a lawyer. That being said, this case seems to — to my non-legal eyes — to be something that doesn’t necessarily rise to the level of needing a Court of Appeals to weigh in on, but, hey, they did, so I am going to let you know about it. The Court of Appeals for the Third Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case against a creditor, agreeing with the lower court that the creditor is not subject to the statute.
  • More details here.

WORTH NOTING: Meet a species of penguins that take 10,000 little naps every day … How to handle Zoom fatigue … More people are cashing in their retirement savings to pay their bills … Most parents fail to answer more than half of the questions their kids ask every day … How to win over a room with effective persuasion skills … You had one job to do … Easy ways to eat and drink your way to a long and happy life … A mind-bending optical illusion to confuse and amaze you.

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.

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