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Home Daily Digest

Daily Digest – December 4. Judge Orders Plaintiffs & Their Attorney to Pay Defendant’s Attorney’s Fees in FDCPA Case; Judge Grants MSJ for Defendant in FDCPA Case Over Interest Disclosure in Statement

mikegibb by mikegibb
December 4, 2023
in Daily Digest
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Judge Orders Plaintiffs & Their Attorney to Pay Defendant’s Attorney’s Fees in FDCPA Case

  • In a case that was defendant by the team at Gordon Rees, a Magistrate Court judge in Georgia has decided to award partial attorney’s fees and costs to the defendant that was sued by two plaintiffs for violating the Fair Debt Collection Practices Act, after the plaintiffs withdrew a voluntary motion to dismiss, only to file a second motion to dismiss months later, which required a second set of depositions of the plaintiffs among other activities, largely based on “untrue statements” made by the plaintiffs and one of their attorneys.
  • More details here

Judge Grants MSJ for Defendant in FDCPA Case Over Interest Disclosure in Statement

  • Telling a consumer that signing up for a payment plan will reduce the interest rate on the underlying debt, then sending a letter that informs the individual that interest is accruing on the debt may be confusing to this particular individual, but it is not confusing enough to defeat a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case.
  • More details here.

House Passes Resolution to Repeal CFPB Small Business Lending Rule

  • A proposal from the Consumer Financial Protection Bureau to require small business lenders to share information about the race and demographic data took another body blow on Friday when the House of Representatives approved a resolution to repeal the rule. The Senate had already approved a similar resolution, setting up a potential veto from President Biden and a potential veto override from the House. Meanwhile, two cases against the CFPB seeking to block the rule remain stayed pending the ruling from the Supreme Court on a case challenging the constitutionality of the Bureau’s funding structure.
  • More details here.

Compliance Digest – December 4

  • Only three entries this week, but they all deal with important developments. Check out what Virginia Bell Flynn, Stacy Rodriguez, and Ari Derman had to say on the important compliance developments in the ARM industry.
  • More details here.
  • This series is sponsored by Bedard Law Group

WORTH NOTING: Five tips to help you create connections and combat loneliness … Millennials are feeling abandoned by their parents when it comes to helping out with the grandkids … The 10 best TV shows of 2023 … If you want to know where the “Golden Bachelor” and his fiancee will be living … How to tell if an online pharmacy is legit or a scam … Ideas to help you celebrate National Cookie Day … A burglar dishes on why alarm systems don’t work and how homes are targeted … Everything coming and leaving Netflix and Amazon Prime Video in December.

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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