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.
PLAINTIFF’S ATTORNEY ACCUSED BY STATE BAR FOR CHARGING FOR FREE SERVICES
- An attorney who specializes in suing credit bureaus and debt collection agencies has been accused by the Michigan Attorney Grievance Commission of misleading individuals by not being upfront about telling them that he takes his fees out of their settlements, even though he promises that those services are free. The attorney, Gary Nitzkin, even goes as far as to make a promise to his father, on a video on Nitzkin’s website, where he says, “Dad, I will not charge these clients a fee — promise.”
ANOTHER APPEALS COURT UPHOLDS MATERIALITY REQUIREMENT TO JUSTIFY FDCPA CLAIM
- The Eighth Circuit Court of Appeals has joined at least five of its brethren in establishing a materiality component to claims made under the Fair Debt Collection Practices Act. The court last week upheld a lower court summary judgment in favor of a collection agency that was sued for allegedly violating the FDCPA.
WHAT’S IN A NAME?
- The act of moving one word from the end of its name to the beginning has raised questions about the future direction of CFPB or the BCFP. It might not seem like much, but some have indicated that moving the word “bureau” to the front of the name from the back is an indication that the agency is moving away from protecting consumers.
MULVANEY SHARES INSIGHTS INTO HOW INDUSTRY CAN PUSH AGENDA, QUESTIONS PUBLIC ACCESS TO COMPLAINT DATABASE
- Mick Mulvaney, the acting director of the Consumer Financial Protection Bureau (or the Bureau of Consumer Financial Protection) made some pointed comments about how bankers should be pressing lawmakers to pursue their agenda, how he determined whether he would meet with a lobbyist or not when he was in Congress, and why it looks like the agency’s consumer complaint database will not be public for much longer.
FCC SEEKS INPUT ON NEW TCPA SAFE HARBOR
- The Federal Communications Commission has begun the process of interpreting the Appeals Court ruling in ACA International v. FCC into how it will “target and eliminate unwanted robocalls” through a proposed rule. This particular proposed rule would create a database of phone numbers that have been reassigned, to help companies identify whether the phone number associated with an individual still belongs to that person.
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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.