Daily Digest – September 29. Judge Grants MSJ in FDCPA Class Action; Appeals Court Affirms Dismissal of FDCPA Suit

JUDGE GRANTS MSJ IN FDCPA CLASS ACTION OVER INTEREST, FEES DISCLOSURE IN LETTER

  • In a case that was defended by Rick Perr of Kaufman Dolowich and Voluck, a District Court judge in New York has granted a defendant’s motion for summary judgment in a class-action lawsuit after it was accused of violating the Fair Debt Collection Practices Act by including references to interest and fees in a collection letter, even though the amounts were zero and neither was accruing.

APPEALS COURT AFFIRMS DISMISSAL OF FDCPA SUIT

  • The Third Circuit Court of Appeals has upheld the dismissal of a Fair Debt Collection Practices Act case in which the plaintiff alleged that a pair of disclosures in a collection letter were misleading, saying that one of the disclosures did the opposite of what the plaintiff alleged and the other allegation was nothing more than speculation.

CONSUMERS AREN’T GREAT SAVERS: CFPB REPORT

  • Even rich people are having problems paying their bills, according to a new report released by the Consumer Financial Protection Bureau. Looking at data that from a previously conducted survey, researchers at the CFPB concluded that 40% of all individuals had difficulty paying a bill or covering an expense in the preceding 12 months.

PROVIDER TO PAY $7M TO SETTLE BREACH THAT COMPROMISED INFO OF 10M PEOPLE

  • A data breach that was the result of a phishing attack and went undetected for ninth months, compromising the personal information of more than 10 million individuals has cost a health insurance provider nearly $7 million to settle potential violations of the Health Insurance Portability and Accountability (HIPAA) Act.

WORTH NOTING: Burning questions ahead of tonight’s presidential debate … Deals abound today on National Coffee Day … Executives are looking for more work-life balance and are burning out because of the coronavirus pandemic … How much teachers are underpaid in each state … How to back up the photos on your smartphone … Inside the making of “Cool Runnings” … Trying to get the perfect picture cost an Oregon man his life … The world’s largest zucchini might be in Vermont.

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