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Home Daily Digest

Daily Digest – August 26. Judge Denies Motions in FDCPA Case That is Getting Personal; Judge Rules Debt Buyer Vicariously Liable for Actions of Collection Law Firm in FDCPA, RFDCPA Case

mikegibb by mikegibb
August 26, 2024
in Daily Digest
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Judge Denies Motions in FDCPA Case That is Getting Personal

  • A Magistrate Court judge in Utah is calling for civility and professionalism from both sides in a Fair Debt Collection Practices Act case, noting that arguments between the two sides is getting personal. Despite the bad feelings, the judge denied motions from both sides — a motion for sanctions filed by the plaintiff and a motion from the defendant for a protective order limiting the scope of discovery during a deposition.
  • More details here

Judge Rules Debt Buyer Vicariously Liable for Actions of Collection Law Firm in FDCPA, RFDCPA Case

  • A District Court judge in California has denied a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act and Rosenthal Fair Debt Collection Practices Act case, ruling that the debt buyer defendant had the right to control the actions of the collection law firm defendant and can be held vicariously liable under the RFDCPA, while also partially granting the plaintiff’s motion for summary judgment that the collection law firm defendant meets the definition of a debt collector under the Rosenthal Act.
  • More details here

Justice Department, State AGs Accuse Software Maker of Allowing Collusion on Rents

  • Anyone that collects on rental debt or works with landlords or apartment building owners likely has heard of RealPage. RealPage is revenue management software the real estate companies use which contains an algorithm that uses information from all of its clients to determine what rents to set for their buildings. On Friday, the Department of Justice and eight state Attorneys General filed suit against the company, accusing it of violating antitrust laws by allowing landlords to coordinate rental price hikes. This case marks the first major antitrust lawsuit where the use of an algorithm to manipulate pricing is central, highlighting the growing concern over the role of technology in market manipulation.
  • More details here

Compliance Digest – August 26

  • Insights from four leading compliance experts — Stacy Rodriguez, John Redding, David Shaver, and Brendan Little — help you better understand recent court rulings and their implications on your operations in this week’s Compliance Digest.
  • More details here
  • This series is sponsored by Bedard Law Group

WORTH NOTING: Danny Jansen is going to make baseball history later today … Are you a Venmo mom or a Venmo dad? … The United States Postal Service is considering slower mail delivery for long-distance mail and delivery in rural areas as part of a cost-cutting move … I know that when I am doing it, I say please and thank you … More and more Americans are worried they are going to lose their jobs … Experts explain the potential health benefits of zinc as a means of boosting your immunity and metabolism … Was it a hockey game or a women’s college soccer match? … How restaurants are fighting back against the crackdown on junk fees.

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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Suit Accuses Collector of FCRA, FDCPA, ID Theft for Pulling Credit Report

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