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Home Daily Digest

Daily Digest – November 1. Collector Facing Class Action for Making Calls After Plaintiff Allegedly Revoked Consent; CFPB, CMS Issue Guidance on Collecting from Certain Medicare Recipients

mikegibb by mikegibb
November 1, 2024
in Daily Digest
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Collector Facing Class Action for Making Calls After Plaintiff Allegedly Revoked Consent

  • For all the “man bites dog” cases that are out there, it’s helpful from time to time to share a reminder of the rank-and-file type of lawsuits that are filed against collection operation and that some claims never go away. A collector is facing a class-action lawsuit over claims it violated the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act because it allegedly failed to honor a request to cease communications with the plaintiff and because it made calls using an artificial or prerecorded voice without the plaintiff’s permission.
  • More details here
  • This series is sponsored by WebRecon

CFPB, CMS Issue Guidance on Collecting from Certain Medicare Recipients

  • The Consumer Financial Protection Bureau and the Centers for Medicare & Medicaid Services yesterday issued a joint statement reminding and warning companies in the credit and collection industry that millions of low-income Medicare recipients, known as Qualified Medicare Beneficiaries (QMBs), are protected by federal law from being charged for Medicare cost-sharing, such as co-pays and deductibles.
  • More details here

CFPB Fines Credit Union $1.5M for Botched Platform Upgrade

  • Adding insult to injury, the Consumer Financial Protection Bureau yesterday fined one of the nation’s largest credit unions $1.5 million because the rollout of a new banking platform back in 2022 did not go according to plan and left some customers unable to access their accounts or perform certain functions online.
  • More details here

Judge Remands FDCPA Case Back to State Court for Lack of Standing Anyway After Plaintiff Withdraws Motion

  • It’s helpful at times to be reminded that the issue of whether a plaintiff has standing or not to pursue a case in federal court is not always up to the parties. Judges can decide whether to keep a case in federal court or remand it back to state court on their own, whether the parties want it remanded or not. A District Court judge in New York has remanded a case back to state court — where it was originally filed — even though the plaintiff withdrew her motion to remand, ruling that the plaintiff lacked standing to pursue her claims in federal court.
  • More details here

WORTH NOTING: Six techniques that really work at helping you find lost objects … There is a new disease atop of the list of the most dangerous in the world … In advance of Tuesday’s election, details about how the electoral college actually works … Amazon employees are fighting a return-to-work mandate, but the company is standing firm … The COVID-19 pandemic appears to have forever impacted our desire to go outside … If you ask Americans, most of them will tell you they think they are good with money … Here are 12 ways to upgrade your Wi-Fi and make your Internet faster … A billionaire CEO shares the one red flag he sees in employees.

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.

Related

Previous Post

CFPB Fines Credit Union $1.5M for Botched Platform Upgrade

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Judge Denies FDCPA Claim in Elaborate Fraud Case

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Judge Denies FDCPA Claim in Elaborate Fraud Case

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