Daily Digest – July 1. Judge Grants MSJ in FDCPA Case Over Payment Options; Foreclosure Alone Not Debt Collection Under FDCPA, Appeals Court Rules

JUDGE GRANTS MSJ IN FDCPA CASE OVER PAYMENT OPTIONS ‘MAY’ NOT BE AVAILABLE

  • A District Court judge in Illinois has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act by saying in a collection letter that payment options “may” not be available if the recipient of the letter did not contact the collection agency.

FORECLOSURE ALONE NOT DEBT COLLECTION UNDER FDCPA, APPEALS COURT RULES

  • When foreclosing on a house, whether a lender attempts to recover the unpaid balance on a mortgage or just recover the property determines whether the Fair Debt Collection Practices Act applies, according to a ruling issued yesterday by the Ninth Circuit Court of Appeals. As long as the lender is only recovering the property, the FDCPA can not be applied, the court ruled in affirming a lower court’s dismissal of the suit.

KANSAS HOSPITAL LATEST TO BE SCRUTINIZED FOR AGGRESSIVE COLLECTION EFFORTS

  • A magazine in Kansas has published a deep-dive feature looking at the collection practices of a hospital in the state, one that reportedly accounts for two-thirds of the collection lawsuits filed by all healthcare facilities. But unlike many of the other articles that have done similar investigations, this one attempts to lay out the complexities and difficult decisions that need to be made by hospitals seeking to balance recovering money to help stay in business with providing care to anyone who needs it.

MONTHLY LAWSUITS CONTINUE DOWNWARD TREND

  • At what point does a blip become a trend? The credit and collection industry may want to ask that question after reviewing the monthly lawsuit totals from WebRecon, in which the number of Fair Debt Collection Practices Act suits declined for the fifth straight month and are now more than 20% lower than the total that were filed during the first five months of last year.

WORTH NOTING: Dr. Fauci has a very stark warning for all of us … The quarantine 15 is not just for people … There will be no minor league baseball this year … How you can virtually celebrate Canada Day … Bill Gates has four ideas to help beat coronavirus … How to get free food from Taco Bell … A guide to having tough conversations with your boss … How a national mask mandate would help the economy … You’re hired. You’re fired. You’re hired back. You’re fired again … What we know about the mysterious Florida spy craft.

Would you have done this?

Every job Homer Simpson has ever had

The Daily Digest is sponsored by Microbilt. Designed to help debt collection professionals, MicroBilt’s platform of recovery and skip tracing tools provide quick, convenient, and current data that help you prioritize and successfully track people down and collect. Keep your skip tracing and debt recovery efficient and effective! Contact us to find out about our 90 Day Try Us Program. Call 800-884-4397 or visit www.microbilt.com

Check Also

Daily Digest – August 4. Artificial Intelligence Week is Coming; Calif. Appeals Court Rules on FDCPA, TCPA Case

ARTIFICIAL INTELLIGENCE WEEK IS COMING It might be one of the biggest mis-conceptions in the …

Leave a Reply

Your email address will not be published.

X