Dispute Over Amount, Use of ‘Form Letters’ Leads to FDCPA Suit
- Collection agencies are often caught in the middle between consumers and the original creditors. When there is a disagreement over the amount of a debt, who is the one that gets in trouble? The collector. A consumer who feels the owner of the apartment building she lived in for 11 months is overcharging her has filed a lawsuit against the collector that the owner is using to try and recover the debt, accusing it of reporting information to the credit bureaus that is incorrect “after several disputes clearly showing the debt is fraudulent.” Among the issues was that the collector only used “form letters” when responding to the plaintiff’s disputes.
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Judge Tosses Sovereign Citizen’s FDCPA Suit
- Sovereign citizens remind me of a great line from “Hoosiers.” Essentially, there are two types of dumb: the guy that gets naked and runs out in the snow and barks at the moon, and the guy who does the same thing in my living room. First one don’t matter, the second one you’re kinda forced to deal with. Sovereign citizen cases are fun to hear about and read about but not always fun to deal with when you are on the other side. In a case that was defended by Jonathan Robbin of J. Robbin Law, a District Court judge in New York has granted a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act case that was started because a sovereign citizen claimed not to have received all the documents he requested when he disputed the debt.
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NTEU Petitions for En Banc Review of CFPB Layoff Ruling
- The National Treasury Employees Union (NTEU) is asking the full D.C. Circuit to rehear the case over mass layoffs at the Consumer Financial Protection Bureau, arguing that a recent panel decision clears the way for the Trump administration to effectively abolish the agency in violation of the Constitution.
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Reports Spotlight Medical Debt Lawsuits, Wage Garnishments
- Lawsuits and garnishments for unpaid medical debts are back in the news, following a pair of published reports detailing the practice and spotlighting a hospital in Ohio and healthcare facilities in Colorado. Together, the investigations underscore how aggressive collection tactics are reshaping the financial and healthcare realities of many patients, while also raising tough questions for providers, revenue cycle managers, and collectors.
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WORTH NOTING: Hospitals and doctors could lose $32 billion in revenue next year if ACA subsidies expire, according to a report … One out of every six homebuyers have given up their quest in the past five years … Adrienne Harris, the Superintendent of the New York Department of Financial Services, is leaving her post next month … A look at how a medical debt bill that failed this year in Montana … The New York Times does a deep dive on CFPB Acting Director Russell Vought … Americans get twice as many scam calls as individuals in other countries, according to new research … Why now is the time to start fighting against the winter blues … The mental health myths that are holding you back.
Trailer Tuesday, part I
Trailer Tuesday, part II
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