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Home Daily Digest

Daily Digest – March 19. Suit Claims Payment Raised Balance Instead of Lowered It; Appeals Court Overturns FDCPA Ruling For Defendant

mikegibb by mikegibb
March 19, 2024
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Suit Claims Payment Raised Balance Instead of Lowered It

  • Integers were never my thing. I could never wrap my head around a negative number. How could you have a negative amount of something? It never made sense to me. A negative number in the itemization table of a Model Validation Notice has led to a Fair Debt Collection Practices Act lawsuit because it increased the amount of the debt owed instead of decreasing it, which is what the plaintiff claimed should have happened.
  • More details here
  • This series is sponsored by WebRecon

Appeals Court Overturns FDCPA Ruling For Defendant

  • For the second time, the Court of Appeals for the Fifth Circuit has overturned a ruling in a Fair Debt Collection Practices Act case in favor of the defendant, this time outlining three ways that a reasonable jury could have found the defendant violated the statute when it attempted to recover money that was overpaid to a pair of elderly homeowners related to recovery efforts in the wake of Hurricanes Katrina and Rita.
  • More details here

Sen. Warren Convenes Hearing to Grill Student Loan Servicer

  • One of the nation’s largest servicers of student loans is being called before the Senate Banking Committee for a hearing about its performance, following a report that was critical of the servicer’s efforts. News of the hearing came a day after HBO’s John Oliver aired a segment on student loans, in which he was critical of the efforts by servicers to help borrowers.
  • More details here

State Appeals Court Affirms Ruling for Defendant in FDCPA Class Action

  • A New Jersey appeals court has upheld a ruling in favor of a defendant that was sued in a class action for violating the Fair Debt Collection Practices Act, ruling a boilerplate statute of limitations disclosure made by the defendant was not materially deceptive.
  • More details here

WORTH NOTING: The best tools and supplies to get you through a power outage … A primer to help you sound like you know what you’re talking about if the topic of conversation shifts to March Madness … Eight things to have in your home to help deal with Spring allergies … More people are going upside-down on their car loans … The quality that most people want to be remembered for when they die … Dell won’t promote workers who are working remotely … TGI Fridays is offering you free wings when your NCAA bracket gets busted … The fate of the $1.50 hot dog and soda combo at Costco appears safe for now.

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