Judge Denies Process Serving Co.’s Motion to Dismiss FDCPA Sewer Service Suit
- A process server claimed 4,000 completed services in a single year. A federal judge did the math, looked at a pay structure that offered as little as $3 per service and nothing at all when a collection case went unserved, and concluded that was enough to keep an FDCPA claim alive against the company that hired him. The ruling also answers a question every law firm that outsources service should care about: whether the FDCPA’s process server exception protects a company accused of looking the other way.
- More details here
Judge Won’t Dismiss FCRA Claims Against Mortgage Lender, CU, Card Issuer
- Three furnishers thought they had a winning argument: the Seventh Circuit says accuracy is judged by what you send the CRA, not what shows up on the report. The problem was they never put their ACDV responses in front of the court. A pro se plaintiff who lost a $1 million loan over mismatched tradelines gets to proceed against all three, and the judge’s reasoning is a lesson in what a furnisher has to show, and when, to make that defense work.
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State Appeals Court Upholds Denial of Nationwide Class in Repo Notice Case
- The plaintiff handed the court a 50-state chart and said the UCC is uniform everywhere but North Dakota. The Missouri Court of Appeals had a four-word reply, borrowed from a leading treatise, and affirmed the denial of a nationwide class against an auto lender and a debt buyer over repossession notices. The opinion spells out exactly who carries the burden of proving state laws don’t conflict, and why “trust us, they’re the same” doesn’t cut it.
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CFPB Reform Sponsors Press Case During ‘Fireside Chat’ with Industry Leaders, Former CFPB Director
- Chairman French Hill and Rep. Andy Barr took to Capitol Hill with a former CFPB Director at their side to argue that only Congress can make the current Bureau’s changes stick. Appropriations, a statutory definition of “abusive,” and a proposal to publish a civil penalty matrix all got airtime. One provision the collection industry is watching most closely never came up.
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Think Tank Asks FCC to Exempt AI Political Calls to Cell Phones From Consent Rule
- Club for Growth wants to place AI-voiced calls to wireless numbers without consent ahead of the midterms, and it is asking the FCC to move fast. The petition borrows conditions from the landline exemption, leans on the Delete, Delete, Delete proceeding, and makes an argument about the FCC’s exemption authority post-Loper Bright that anyone hoping for a wireless carve-out of their own will want to read.
- More details here
Bank Customers Use Gen AI to Research Products but Balk at Letting It Act, Deloitte Finds
- Consumers are happy to let gen AI help them shop for a bank product. Let it act on their behalf? Eighty-three percent said that would make them anxious. Deloitte’s new survey maps where trust in AI runs out, how much it depends on whether someone has actually used the tools, and what it means for any institution thinking about agentic AI in customer-facing roles.
- More details here
48 Companies Seeking Collection Talent
- From entry-level medical AR roles to a Chief Compliance Officer seat and a CTO for an AI collections startup, this week’s roundup spans four categories and coast-to-coast locations. Remote positions are well represented throughout.
- More details here
WORTH NOTING: AI is now making people afraid to take a vacation … More younger consumers are turning to products like debt relief and credit counseling … The 10 jobs that are primed to explode in the next decade … Towns where the home values rival the most expensive metropolitan areas of the country … About half of the country say they are spending too much time on their phones (the other half are lying) … Where are job seekers getting ghosted the most these days … A majority of pet owners will shorten their trips to get home for their pets … When did it become so hard to make plans with friends?
Wisdom Wednesday, part I
Wisdom Wednesday, part II
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