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Home Daily Digest

Daily Digest – October 4. Suit Accuses Collector of Not Sending Validation Notice; Judge Dismisses Another ‘Inconvenient’ FDCPA Case

mikegibb by mikegibb
October 4, 2024
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Suit Accuses Collector of Not Sending Validation Notice

  • A collector is being sued in Missouri federal court for allegedly violating the Fair Debt Collection Practices Act because it failed to identify itself as a collector in a text message sent to the plaintiff and failed to send a validation notice, among other claims. But, interestingly, the plaintiff is not claiming anything related to being offer to settle a $1,600 debt for $150, only to be told later that the debt could only be settled for $940.
  • More details here
  • This series is sponsored by WebRecon

Judge Dismisses Another ‘Inconvenient’ FDCPA Case

  • Where the Court of Appeals for the Seventh Circuit became known as the standing court, District Courts in Oklahoma are earning a reputation for being the court where inconvenient time and place caselaw is being written. This time, a District Court judge in Oklahoma has granted a defendant’s motion to dismiss after it sent a letter in response to a letter from the plaintiff stating that email was the only convenient channel of communication going forward.
  • More details here

Ransomware Attack that Led to HIPAA Violation Nets Healthcare Provider $240k Fine

  • The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has levied a $240,000 fine against Providence Medical Institute in Southern California due to violations of the Health Insurance Portability and Accountability Act Security Rule. This enforcement action comes in response to a series of ransomware attacks that exposed the electronic protected health information of 85,000 individuals.
  • More details here

Massachusetts AG Settles Improper Collection Case Against Mortgage Servicer

  • Massachusetts Attorney General Andrea Joy Campbell has reached an agreement with Franklin Credit Management, a mortgage servicer, to resolve allegations of improper debt collection practices in The Bay State. The company was accused of violating consumer protection laws by attempting to collect on old debts tied to second-lien mortgages without proper communication or adherence to foreclosure-prevention measures. It will stop collecting on $10 million worth of mortgages and pay a $300,000 fine to settle the enforcement action.
  • More details here

WORTH NOTING: A topic that came up in conversation yesterday — the best password managers … If you were curious whether you would have been smart enough to get into MIT in 1869, here is your chance … Therapists share the number one tip that changed their lives … The Chicken Big Mac is coming to McDonald’s next week … Fans of “The Simpsons” rank their top 5 all-time episodes … Tips to help you improve your memory … What is taking my new best friend so long to make themselves known? … It’s getting harder and harder to find a job, and AI isn’t making it easier.

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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Appeals Court Vacates Summary Judgment Award in FDCPA Case, Dismisses for Lack of Standing Instead

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