Daily Digest – October 14. Judge Denies Defendant’s Renewed MSJ in FDCPA Case Over Status of Letter; NMAC Pays $5M in CFPB Consent Order

JUDGE DENIES DEFENDANT’S RENEWED MSJ IN FDCPA CASE OVER STATUS OF LETTER

  • A District Court judge in Florida has denied a defendant’s renewed motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act by not including some of the required disclosures in a letter sent to the plaintiff, which the defendant attempted to claim should not have been considered a communication in connection with the collection of a debt.

NMAC PAYS $5M IN CFPB CONSENT ORDER; THIRD PARTY ‘DEPRIVED’ CONSUMERS OF LOWER PAY-BY-PHONE OPTIONS

  • The Consumer Financial Protection Bureau yesterday announced it had entered into a consent order with Nissan Motor Acceptance Corp., which will require the auto lender to repay consumers $1 million and pay a $4 million fine after it was accused of wrongfully repossessing vehicles and because its third-party payment processor did not inform consumers who were paying their bills via phone calls that there were other — less expensive — payment options available to them.

REGULATOR RELEASES TOOL TO HELP FIGHT RANSOMWARE ATTACKS

  • If you were attending the Florida Collectors Association annual conference last week — either in person or virtually — you likely heard Jeremy Mapes discuss the growing problem of ransomware attacks. A company falls victim to a ransomware attack every 14 seconds, according to one data source. To help companies in the financial services industry, the Conference of State Bank Supervisors yesterday released a self-assessment tool to help mitigate ransomware attacks.

GREGORY FRIEDMAN JOINS BARRON & NEWBURGER

  • Gregory M. Friedman has joined Barron & Newburger as an attorney in the firm’s Austin office. Gregory will work both with the firm’s Consumer Financial Services Law Group, and with its Bankruptcy and Reorganization Practice Group.

WORTH NOTING: Why is the COVID-19 mortality rate so much higher in the United States than other countries? … Does it ever work out well for public officials who engage in sexting? … Will more companies follow Dropbox’s lead and let employees work from home permanently? … Are you making poor spending choices, too, because of Amazon Prime Day? … Did you see what happened on Jeopardy! last night? … Have you thought of having company meals together, even when everyone is working from home? … Are you as excited as I am for this reunion? … Are you going to miss the things that Apple won’t be including with new iPhones?

Will it be safe to trick or treat this year?

Annoying mask problems and how to fix them

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