Home / Daily Digest / Daily Digest – February 13. Appeals Court Rules ‘Settlement’ in Time-Barred Collection Letter Violates FDCPA; Agency Manager Vying to Be Next ‘Ms. Veteran America’

Daily Digest – February 13. Appeals Court Rules ‘Settlement’ in Time-Barred Collection Letter Violates FDCPA; Agency Manager Vying to Be Next ‘Ms. Veteran America’

The Daily Digest is sponsored by Beam Software. A Microsoft Gold Certified Partner, Beam is a thought leader in portfolio management and collection software. They offer both cloud-based and on-premise solutions to accommodate the entire collection continuum. For more information, please visit www.beamsoftware.com or call (800) 212-2326.

 

APPEALS COURT RULES INCLUDING ‘SETTLEMENT’ IN TIME-BARRED COLLECTION LETTER VIOLATES FDCPA

  • The Third Circuit Court of Appeals has reversed a lower court’s decision and revived a lawsuit against a collection agency for allegedly violating the Fair Debt Collection Practices Act by including the word “settlement” in a letter seeking to work out an arrangement on a time-barred debt. By using the word settlement, a least sophisticated consumer “could be misled into thinking that “settlement of the debt” referred to the creditor’s ability to enforce the debt in court rather than a mere invitation to settle the account,” the Third Circuit noted in its opinion.

 

COLLECTION AGENCY MANAGER VYING TO BE NEXT MS. VETERAN AMERICA

  • Kelly Meade, a collection manager for Universal Credit Services in Michigan, who spent four years in the Army is vying for the title of Ms. Veteran America. Meade has reached the semifinals of the competition, according to a published report, and will be competing in the next round this coming June in Arlington, Va. The finals will be held in October in Washington, D.C.

 

JUDGE DENIES REQUEST TO FORCE ARBITRATION IN FDCPA CASE

  • A federal judge in Wisconsin has ruled that a collection law firm can not compel a plaintiff into mandatory arbitration after the plaintiff filed a lawsuit alleging violations of the Fair Debt Collection Practices Act. The plaintiff sued a credit card lender and collection law firm because in their suit over an unpaid credit card bill, they attached a monthly statement for the credit card, which included the plaintiff’s credit score, which was not redacted.

 

CFPB UNVEILS FOUR-YEAR STRATEGIC PLAN

  • The Consumer Financial Protection Bureau unveiled a four-year strategic plan yesterday, pledging to “fulfill the Bureau’s statutory responsibilities, but go no further,” according to acting director Mick Mulvaney. The plan details three specific goals: Ensure consumers have access to markets for  financial products and services, implement and enforce the law consistently to ensure that markets for financial products and services are fair, transparent, and competitive, and foster operational excellence through efficient and effective processes, governance, and security of resources and information.

 

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How leaders develop their ‘grit’

A robot that can open doors

The Daily Digest is sponsored by Beam Software. A Microsoft Gold Certified Partner, Beam is a thought leader in portfolio management and collection software. They offer both cloud-based and on-premise solutions to accommodate the entire collection continuum. For more information, please visit www.beamsoftware.com or call (800) 212-2326.

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