Home / Daily Digest / Daily Digest – August 16. Appeals Court Upholds MSJ For Defense; Judge Grants MSJ For Defense in Bona Fide Error Case Over Disputed Debt

Daily Digest – August 16. Appeals Court Upholds MSJ For Defense; Judge Grants MSJ For Defense in Bona Fide Error Case Over Disputed Debt

APPEALS COURT UPHOLDS MSJ FOR DEFENSE AFTER PLAINTIFF COULD NOT PROVE DEBTS WERE CONSUMER-RELATED

  • This is one of those cases that make me, a non-lawyer, dizzy. The Seventh Circuit Court of Appeals has upheld a lower court’s summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because the plaintiff could not prove the debt was a “consumer” debt even though the plaintiff denied having the debt in the first place.

JUDGE GRANTS MSJ FOR DEFENSE IN BONA FIDE ERROR CASE OVER DISPUTED DEBT

  • A District Court judge in California has granted summary judgment in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it allegedly did not mark an account as disputed, instead choosing the believe the policies and procedures put in place by the defendant entitled it to the bona fide error defense.

DISSECTING DETAILED COMMENTS FROM ABI COMMITTEE, CREDIT UNION

  • Monday, Aug. 19 was due to be the original deadline for comments related to the Consumer Financial Protection Bureau’s proposed rule, before the deadline was extended by 30 days to Sept. 18. But at least a small handful of organizations appear to not need any additional time and filed their comments this week, and they are worth mentioning. The two in question are from the Consumer Bankruptcy Committee of the American Bankruptcy Institute and SchoolsFirst Federal Credit Union.

BLOG URGES CONSUMERS TO OPPOSE TEXT MESSAGES FROM COLLECTORS

  • A fairly popular mainstream media blog is urging consumers to file comments over the Consumer Financial Protection Bureau’s proposed debt collection rule, specifically recommending that the comments indicate that consumers don’t want to receive text messages from debt collectors. And, coincidentally enough, a number of new comments were published yesterday that did exactly that.

WORTH NOTING: Fans of John Coltrane will be happy with this news … A skydiver in Quebec survived a 5,000-foot fall when his parachute malfunctioned … President Trump appears to be interested in buying Greenland … I had this idea years ago … A lot of people don’t change their underwear every day … A laptop buying guide … Chefs say an Instant Pot is better than a grill, even for burgers … Dale Earnhardt Jr. is in the hospital after his plane crashed … Why you should never borrow someone else’s charging cable.

How chatbots are automating call centers

Funny Friday

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