APPEALS COURT APPLIES LEAST SOPHISTICATED CONSUMER STANDARD TO FDCPA’S FALSE-NAME EXCEPTION
- The Eleventh Circuit Court of Appeals has upheld a lower court’s dismissal of the counts of a lawsuit that alleged a financial services organization violated the Fair Debt Collection Practices Act by reporting a debt to a credit bureau using a different name other than its own, but overturned the counts that alleged the company violated the Fair Credit Reporting Act by willfully failing to investigate repeated disputes by the plaintiff.
NCLC PUBLISHES REPORT, CREATES MODEL LANGUAGE TO UPDATE STATE EXEMPTION LAWS
- The National Consumer Law Center has issued a report looking at state exemption laws related to how much can be protected from garnishment and developed a model bill for states to use that would increase consumer protections in this area.
FCC SEEKING COMMENT ON WHETHER FOLLOW-UP TEXTS RUN AFOUL OF TCPA
- The Federal Communications Commission is seeking public input into a request for a Declaratory Order that would allow companies to send a follow-up text message to an individual who had opted out of receiving messages to clarify whether the individual is seeking to opt out of receiving specific requests or whether the individuals wants to stop receiving text messages from the sender altogether.
ANOTHER HOSPITAL REVIEWING COLLECTION PRACTICES AFTER BEING ACCUSED OF FILING TOO MANY LAWSUITS
- Another hospital has announced it is reviewing its debt collection policies and procedures following a published report that labeled it as the facility in Connecticut that “stands alone” it suing former patients for unpaid medical bills.
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