JUDGE CERTIFIES CLASS IN FDCPA SUIT OVER BALANCE DISCLOSURE
- A District Court judge in New York has certified a class action against a collection law firm accused of violating the Fair Debt Collection Practices Act because it did not explicitly state in a collection letter that the plaintiff’s balance may increase in the future, even though the firm referenced that the amount owed represented the “balance due as of [date]” and included an itemized accounting of what the plaintiff owed.
SUPREME COURT PETITION ARGUES CFPB ENFORCEMENT ACTIONS SHOULD BE DISMISSED IF STRUCTURE IS UNCONSTITUTIONAL
- Not content to wait for the Fifth Circuit Court of Appeals to rule on whether it thinks the leadership structure of the Consumer Financial Protection Bureau is constitutional, a payday lender has filed a petition with the Supreme Court seeking a hearing, while also asking whether companies that have been the subject of enforcement actions by the CFPB are entitled to have those actions dismissed.
ANOTHER COURT RULES COLLECTION EXEMPTION IN TCPA IS UNCONSTITUTIONAL
- If at first you don’t succeed, try and try again appears to be the legal strategy of a company accused of violating the Telephone Consumer Protection Act by making calls to an individual’s phone using an pre-recorded or artificial voice without the individual’s permission. The company is, for the second time, attempting to argue that the TCPA is unconstitutional because of an exemption allowing debt collectors to use an automated telephone dialing system when collecting debts owed to the federal government, but, for the second time, a District Court judge has shot down that argument.
NATIONAL CREDITORS BAR ASSOCIATION APPOINTS NEW EXECUTIVE DIRECTOR
- National Creditors Bar Association’s (NCBA) Board of Directors has appointed Liz Terry as the association’s Executive Director, following a nationwide search.
WORTH NOTING: Countertops are killing the people who make them … Matt Damon gave up $250 million by turning down a role in “Avatar” … Psychologists on how to stop procrastinating (read this later) … A Fortune 100 company is not letting employees access their fantasy football teams while at work … The average ATM withdrawal fee is nearly $5 … Robots will replace 200,000 workers in the financial services industry in the next 10 years … Who’s excited for the start of NHL season tonight (I am) … How Americans really see success.
How to escape a flash flood
For people who don’t like to sit near babies on airplanes
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