Daily Digest – September 28. Looking at Judge Amy Coney Barrett’s FDCPA, TCPA Rulings; Judge Grants MTD in Overshadowing Case

LOOKING AT AMY CONEY BARRETT’S FDCPA, TCPA RULINGS

  • President Trump on Saturday nominated Amy Coney Barrett to replace Justice Ruth Bader Ginsburg as an Associate Justice on the Supreme Court. Judge Barrett has been sitting on the bench for the Seventh Circuit Court of Appeals since 2017. With the Supreme Court set to hear arguments in a number of cases that could impact the direction of the credit and collection industry, many are wondering what impact the nomination — and likely confirmation of Judge Barrett — will have on the Court’s direction. AccountsRecovery.net went into its database of rulings and found a number of Seventh Circuit cases in which Judge Barrett was involved. Here is a summary of those cases.

JUDGE GRANTS MTD IN FDCPA LETTER OVERSHADOWING CASE

  • In a case that was first spotlighted by Manny Newburger and Nabil Foster of Barron & Newburger, a District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act by allegedly overshadowing the validation notice in a collection letter and by falsely suggesting that a dispute had to be filed in writing.

JUDGE GRANTS TRO IN CASE AGAINST ALLEGED COLLECTION SCAMMERS

  • The Attorney General of New York has filed a lawsuit and obtained a temporary restraining order shutting down a collection operation that allegedly used a call spoofing service to impersonate government officials and made fraudulent threats to the individuals and their friends and family members.

CALIF. GOV. SIGNS LICENSING BILL, STATE CFPB BILL INTO LAW

  • The Governor of California has signed into law a pair of bills that will impact the future of collections in The Golden State — one bill will require collectors to obtain licenses in order to operate and the other will create a state equivalent of the Consumer Financial Protection Bureau.

READ EXPERT PERSPECTIVES ON TRENDING COMPLIANCE TOPICS

  • Click here to read this week’s Compliance Digest. You’ll get insights and opinions from seven different compliance experts — Rick Perr, Stefanie Jackman, Carlos Ortiz, Virginia Bell Flynn, Xerxes Martin, Helen Mac Murray, and Shannon Miller  — discussing the impact of recent court cases and legislative updates. You’re not going to get that kind of varied perspective anywhere else. The Compliance Digest is sponsored by The Bedard Law Group.

WORTH NOTING: Households that have been hit by COVID-19 face serious financial trouble … Former Pennsylvania Governor Tim Ridge, the first Secretary of Homeland Security — and a Republican — has endorsed Joe Biden for president. So did The Rock … If you have ever wanted to know the strangest orders ever placed at Subway … Some of the biggest revelations from the article about President Trump’s tax returns … COVID-19 may leave Santa out of a job this year … If you are looking for smart light bulbs, here are the best ones … Joe Montana foiled the kidnapping of his own grandchild this weekend … Prime Day 2020 is coming in two weeks.

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