Judge Rules Furnisher’s ACDV Response Counts as Furnishing Information
- A Florida federal judge just answered a question no federal court had taken up before: whether a furnisher’s response to an automated dispute is itself an act of furnishing information. The answer left the furnisher liable, even though the scrambled delinquency dates appear to have originated inside the credit bureau’s own system. The company’s corporate representative, asked under oath whether the reporting should have been fixed, may have made the plaintiff’s case for him.
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Judge Grants MSJ for Debt Buyer in FDCPA Case Over Threatening Calls
- The plaintiff said the debt buyer’s agents threatened to seize the couple’s marital property, levy their joint bank account and garnish his wages over debts he did not owe. The debt buyer said it does not service accounts at all and produced a sworn affidavit to prove it. The plaintiff never filed an opposition brief, but that alone did not end the matter, and the judge’s walk through the statute’s essential elements is worth reading for anyone who owns paper but outsources servicing.
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State Appeals Court Reverses $8.3K Deficiency Win For Debt Buyer
- The debt buyer won $8,323.75 at a bench trial. The appellate court took all of it back and rendered judgment that it take nothing, and not because of anything wrong with the loan documents. Two references to a $430 fee were the only glimpse the record offered of what happened to the repossessed vehicle after it was hauled away, and under Texas law a specific denial shifts the entire burden of proving a commercially reasonable sale onto the party chasing the deficiency.
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Judge Spares Fake Debt Collector Prison Time, Orders Apology Letters to Victims
- He posed as a sheriff’s deputy threatening criminal charges, then as an attorney at firms that did not exist, and admitted to defrauding more than 500 consumers of $420,812.92. Federal guidelines called for 33 to 41 months behind bars. The judge in Buffalo told him he had tortured his victims and probably did not deserve the break he was about to get, then explained the one factor that changed the calculation. The sentence also carries an unusual condition, down to who buys the envelopes.
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Three-Quarters of Americans Have Delayed a Major Milestone Over Money: Survey
- Three in four adults say they have postponed a major life milestone for financial reasons, and paying off debt tops the list of what gets deferred. The same survey found sizable shares concealing credit scores, card balances and gambling habits from the people closest to them, while nearly half said someone’s debt would factor into whether they pursued a serious relationship at all. The generational splits are where the numbers get striking.
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Salesforce: Average Number of AI Agents Per Organization Nearly Tripled in 15 Months
- The average organization went from five AI agents in production to 13 in a little over a year, and the time required to stand up a new one fell to under two days. But one figure in Salesforce’s latest index did not move at all, even as the share of service sessions handled by agents climbed more than 170 fold. For anyone weighing an agent deployment in a contact center, that flat line may be the most instructive number in the report.
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Compliance Digest, August 24
- This week’s Compliance Digest returns features 14 rulings and regulatory developments parsed by the industry’s sharpest compliance minds. This week: whether red light camera fines are debts, whether a text saying “stop” kills phone consent too, the FTC walking away from disparate impact, the first detailed guidance on New York City’s SHIELD Rule ahead of its January effective date, a rare fee award against a plaintiff in the Fifth Circuit, and a recurring theme across four separate cases that ought to have every litigator paying attention.
- More details here
- This series is sponsored by Frost Echols
WORTH NOTING: Ten reasons why you should never eat at an Outback Steakhouse … A look at how GLP-1 drugs are changing household budgets across the country … Doctors say they are feeling the pressure to prioritize corporate profits over patients … Millennials are pretty good at making it look like their financial images don’t match their reality … A list of all the things you can, and absolutely can’t do, with bacon grease … It’s ok to not be passionate about your job … Why you need to make sure you know the local rules before going on vacation … What you should say when someone has terrible manners.
Music Monday, part I
Music Monday, 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.
