Collector Facing FCRA, FDCPA Suit Over Alleged Reporting on Recalled, Settled Account
- A $279 cell phone bill has turned into a federal FCRA and FDCPA lawsuit, and the allegations center on what a furnisher is supposed to do once an account leaves its hands. The consumer says the creditor pulled the account back, that she settled it in full with a different agency, and that one collector kept reporting it as open, in collection, and past due anyway. Then came the dispute, and what the furnisher allegedly did with it is the heart of the case.
- More details here
- This series is sponsored by WebRecon
Judge Recommends Summary Judgment for Debt Buyer Sued Over Collecting Time-Barred Debt
- A self-represented plaintiff came at a debt buyer with an FDCPA and FCRA suit, more than two dozen motions the court called frivolous, and a damages demand north of $3.6 million, all tied to an account he said was too old to collect. A Maryland magistrate judge has now weighed in, and the recommendation rests on a principle debt buyers will want to see stated in black and white. There is also a procedural twist worth reading, because the judge refused to hand the defendant the easy win.
- More details here
Judge Allows TCPA Suit Over Calls That Kept Coming After Consumer Texted ‘Stop’ to Proceed
- She texted “Stop.” The company confirmed she had successfully opted out. Then, she says, the phone calls started, more than 20 of them over the following weeks. Now a Florida judge has ruled on the question every operator running calls and texts should be watching: whether a one-word text shutting off one channel can shut off the other too. The answer, and what it leans on from the FCC, is why this one moves forward.
- More details here
Jefferson Capital Net Income Slips as Collections Jump 18%
- Collections, deployments, and ERC all climbed by double digits last quarter, so why did Jefferson Capital’s net income fall? Part of the answer sits inside a legal collections operation that is scaling fast and pulling suit volumes forward. The other part is a new performing asset class the Minneapolis debt buyer is betting most competitors can’t handle, backed by record July deployments and a first step into a new country.
- More details here
CFPB Suspends Union Leader as Bureau Turmoil Deepens: Report
- The CFPB has placed the chair of its staff union on administrative leave and opened an investigation, and the union says management won’t say what he allegedly did. Critics are calling it retaliation as the administration keeps pressing to shrink the bureau. It is the latest turn in a stretch of upheaval that has reshaped the agency collectors answer to, and the backstory on how this employee ended up in leadership’s sights is worth the read.
- More details here
California DFPI Fines Mortgage Lender $825k Over Ransomware Breach
- A 2023 ransomware attack exposed data on more than 284,000 people, but California regulators built their penalty around what the lender failed to do long before the intrusion ever happened. The $825,000 order landed even as the company was winding down and had already exited the business, a signal about how far back examiners are willing to reach. For any shop holding consumer PII, the list of cited failures reads like a checklist of what not to skip.
- More details here
Cost, Not Access, Tops Americans’ Healthcare Worries Across Party Lines
- Roughly three out of four Americans name the same thing as the biggest problem in U.S. healthcare, and it isn’t getting care. It’s affording it. A new survey finds premiums and out-of-pocket costs topping the list across every party and every type of coverage, just as medical cost trends are projected to hit their highest point in nearly two decades. For anyone watching medical receivables, the pressure building on household budgets is the number to keep an eye on.
- More details here
WORTH NOTING: Forget the kids. Won’t anyone think of the advertisers? … The states with the worst property taxes in America … Your clutter is costing you. Here are ways to get rid of the stuff you don’t need … That automatic bank draft can still be stopped … How social media has transformed the way in which people cook … An homage to something that rarely happens anymore: getting lost … Tricks to snap yourself out of a funk in 15 minutes or less … Answering animal hygiene questions, like should you ever let a dog lick your face (Ummmm, no).
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.
