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Home Daily Digest

Daily Digest – August 12. FDCPA Suit Says Debt Should Have Been Extinguished Under CFPB Enforcement Action; Arbitration Clause Survives State Court Judgment in Kentucky FDCPA Dispute

mikegibb by mikegibb
August 12, 2025
in Daily Digest
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FDCPA Suit Says Debt Should Have Been Extinguished Under CFPB Enforcement Action

  • This is a tree-in-the-forest scenario … If a debt is not owed, can it be time-barred at the same time? A collection operation and a debt buyer are facing a class-action lawsuit in Kentucky federal court for allegedly violating the Fair Debt Collection Practices Act because they attempted to collect on a debt that was time-barred and attempted to collect on a debt that was not owed — the same debt for both claims.
  • More details here
  • This series is sponsored by WebRecon

Arbitration Clause Survives State Court Judgment in Kentucky FDCPA Dispute

  • We’ve seen some cases go the other way recently, so it feels like this needs to be noted … A District Court judge in Kentucky has granted a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act class-action lawsuit, disagreeing with the plaintiff that filing a lawsuit to collect on the unpaid debt waived the underlying agreement’s arbitration provision.
  • More details here

One-Time e-OSCAR Issue Prevents ACDV Responses From Being Transmitted

  • The company that manages e-OSCAR last week sent out an email, urging data furnishers to review their records and address potential inaccuracies in their credit reporting.
  • More details here

Wisconsin Bill Would Bar Collections on Debts from Hospitals That Violate Price Transparency Rules

  • A new bill has been introduced in the Wisconsin Senate which would impose strict hospital price transparency requirements and block certain debt collection actions against patients if the hospital fails to comply.
  • More details here

WORTH NOTING: Doctors are working more than ever, but the only things that are increasing are the amounts of uncompensated debt and bad debt … How AI can make paying bills easier … More consumers are worried about their finances and are doing things like turning to thrifting … Are bright lights bad for your eyes? … A $13 million dollar mansion where the price is dropping $250,000 every week until someone buys it … The surest way to future-proof your career … The right way to quit your job … You may want to think twice before booking that next Spirit Airlines flight.

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