Home / Daily Digest / Daily Digest – November 8. Judge Grants MSJ, Denies Class Certification in FDCPA Case Over Letter Referencing IRS Cancellation

Daily Digest – November 8. Judge Grants MSJ, Denies Class Certification in FDCPA Case Over Letter Referencing IRS Cancellation

JUDGE GRANTS MSJ, DENIES CLASS CERTIFICATION IN FDCPA CASE OVER LETTER REFERENCING IRS CANCELLATION

  • A District Court judge in Wisconsin has denied class certification and granted summary judgment in favor of a defendant that was accused of violating the Fair Debt Collection Practices Act by including a reference to the requirement that the Internal Revenue Service may have to be notified of a debt cancellation in a collection letter.

IN HIS OWN WORDS…

  • There is a seemingly never-ending trail of lawsuits in the credit and collection industry. Deciding to fight a lawsuit rather than just settle can be a difficult decision for any collection agency. The Preferred Group of Tampa just won a motion for summary judgment after it was sued for allegedly violating the third-party disclosure provision of the Fair Debt Collection Practices Act because it outsourced the printing and mailing of its collection notices to a third-party vendor, something that just about every collection agency does. Matt Kiefer, the agency’s Chief Officer of Information, Compliance & Development, who also happens to be president of the Florida Collectors Association, graciously shared his thoughts about the case and the importance of the industry working together to try and stem the tide of frivolous lawsuits

IMPROVED CALL CENTER PRODUCTIVITY LEADS TO HIGHER PROFITS AT ENCORE, PRA GROUP

  • Both Encore Capital Group and Portfolio Recovery Associates reported higher profits in the third quarter, compared with the same quarter last year, a positive sign for all companies in the credit and collection industry.

ACA SHARES PERSPECTIVES ON PROPOSED COLLECTION-RELATED LEGISLATION

  • ACA International has submitted a letter to the leadership of the House Financial Services Committee, commenting on a number of collection-related bills that have been introduced in Congress, expressing concerns about the expansion of regulation related to the Fair Debt Collection Practices Act.

WORTH NOTING: A convicted murderer whose heart stopped and then was revived believe he has served his life sentence … A mysterious wave of text messages is hitting people in America … In five years, you might be able to stay at a hotel in space … More ammunition in favor of a four-day work week … Some very early positive reviews for “Frozen 2” … The tax brackets for next year are out … Netflix and other companies want to cut down on password sharing … Michael Bloomberg is preparing to run for president.

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