Daily Digest – June 5. Appeals Court Revives FDCPA Case Over Emotional Distress; How Agencies Should React To Bock Ruling

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APPEALS COURT REVIVES FDCPA CASE BECAUSE PLAINTIFF CLAIMS ‘EMOTIONAL DISTRESS’

• The Fourth Circuit Court of Appeals issued a ruling late last week, vacating a ruling in favor of a Maryland collection law firm and remanding the case back to the District Court. The ruling was an unpublished opinion, so while it does not carry the full force and effect of a ruling from the appellate level, it does remove some of the legal cover that the ARM industry had been using under the Spokeo v. Robbins Supreme Court ruling. In this case, a plaintiff alleged that a collection law firm, “attempted to collect from her a debt arising out of a state court judgment by demanding payment of an incorrect sum based on the calculation of an interest rate not authorized by law.”

HOW AGENCIES, LAW FIRMS NEED TO REACT IN WAKE OF BOCK RULING

• The ink is barely dry on the ruling from a U.S. District Court judge in New Jersey who ruled that a collection law firm did not conduct “meaningful attorney involvement” when deciding to file suit against an individual with an unpaid debt, but the ARM industry should be preparing for a wave of plaintiffs armed with a new item to include in their lawsuits against collection agencies.

N.Y. GOVERNOR SPEAKS AT ELITE PREP SCHOOL COMMENCEMENT; SON OF CAVALRY CHAIRMAN WAS GRADUATING 

• New York governor Mario Cuomo spoke at the commencement of a prestigious New York private prep school last week. Andrew Zaro, the chairman of Cavalry Portfolio Services and the head of the school’s Board of Trustees, and his wife donated $100,000 to Cuomo’s campaign. Zaro denied the contribution had anything to do with the speech, saying everyone at the commencement had donated money to the governor.

ALABAMA SUPREME COURT RULES TITLE LENDER IS NOT ‘DEBT COLLECTOR’

• The Alabama Supreme Court has ruled that a title lending company is not a “debt collector” as defined by the Fair Debt Collection Practices Act. A trial court had awarded a woman $200,000 in a case before it was appealed to the Supreme Court. The Supreme Court’s ruling overturns the jury’s verdict.

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