Home / Daily Digest / Daily Digest – Sept. 9. Judge Grants MSJ For Defense in FDCPA Letter Case; Clock Winding Down on Proposed Rule Comment Period

Daily Digest – Sept. 9. Judge Grants MSJ For Defense in FDCPA Letter Case; Clock Winding Down on Proposed Rule Comment Period

JUDGE GRANTS MSJ FOR DEFENSE IN FDCPA CASE BECAUSE LETTER DID NOT INCLUDE ADDITIONAL, UNNEEDED DISCLOSURES

  • Acknowledging that a collection letter only has to be correct at the time it was sent and not include “extra assurance” that what is in the letter will not change in the future, a District Court judge in New York has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act because it did not state that interest and late fees were accruing on an unpaid debt, even though they weren’t.

CLOCK WINDS DOWN ON PROPOSED RULE COMMENT PERIOD AS ADVOCACY GROUPS STEP UP EFFORTS

  • The number of days left to submit a comment related to the Consumer Financial Protection Bureau’s Notice of Proposed Rulemaking related to debt collection is now in the single digits and consumer groups have been submitting their thoughts and feelings in droves, but the industry appears to be waiting to the last minute to get their thoughts in. At least, the hope is that the industry is waiting to the last minute and instead not opting to share their thoughts and feelings with the CFPB.

ROBOCALLS ON CONGRESSIONAL TO-DO LIST AS FALL SESSION KICKS OFF

  • Congress resumes from its summer recess today, and with only a few months left before the end of the year, it is likely that there is a “significant” chance that there will be an anti-robocall bill for the president to sign, according to one published report.

AGENCY CALLS FORMER EMPLOYEES WHO ACCUSED IT OF HIDING RECORDINGS ‘UNSTABLE’ AND ‘DISGRUNTLED’

  • A published report is bringing to light a lawsuit filed by a former employee of a collection agency who is accusing the company of engaging in illegal activity and not providing copies of call recordings that were requested by a state attorney general’s office. The agency has filed a motion to dismiss the lawsuit, claiming it is the action of an “unstable disgruntled employee who secretly compiled and stole information” from the company.

COMPLIANCE DIGEST – HEAR FROM THE EXPERTS ON THE MOST IMPORTANT CASES AFFECTING THE INDUSTRY

  • Click here to read this week’s Compliance Digest, sponsored by Applied Innovation. You’ll get insights from 10 different compliance experts — Rozanne Andersen, Monica Littman, Nicole Strickler, Helen Mac Murray, Lauren Valenzuela, Ethan Ostroff, Brent Yarborough, Joann Needleman, Boyd Gentry, and Michael Klutho — sharing their perspectives about recent court cases. You’re not going to get that kind of varied perspective anywhere else.

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Daily Digest – Sept. 13. MSJ Denied in FDCPA Case Over False Name Exemption; Why Collection Agencies May Want to Stop Using Toll-Free Numbers

MSJ DENIED IN FDCPA CASE OVER FALSE NAME EXEMPTION A Magistrate judge in Florida has …

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