Daily Digest – December 2. Judge Denies MTD in FDCPA Case Over Reference to Creditor; CFPB Sues Debt Settlement Company

EDNY JUDGE DENIES MTD IN FDCPA CASE OVER REFERENCE TO CREDITOR IN LETTER

  • A District Court judge in New York has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by not properly identifying the creditor to whom a debt was owed in a collection letter, ruling there is enough evidence in the complaint to create a plausible inference that the creditor and debt collector are part of the same company.

CFPB SUES DEBT SETTLEMENT COMPANY

HOW THE DEBT COLLECTION RULE DEFINES COMMUNICATE, COMMUNICATION, AND ATTEMPT TO COMMUNICATE

  • It might not seem like there is much of a difference on the surface, but to those who are parsing the Consumer Financial Protection Bureau’s debt collection rule, noting how the rule treats the words communicate and communication and how it treats the phrase attempt to communicate can go a long way toward increasing the understanding of how the rule is structured and what is and is not allowed when trying to get in touch with consumers.

U.S. CHAMBER ENDORSES SENDING FOLLOW-UP CONFIRMATION TEXT AFTER RECEIVING OPT-OUT REQUEST

  • The U.S. Chamber of Commerce has put its support behind a request from Capital One seeking a ruling from the Federal Communications Commission that would allow companies to send a confirmation text message to an individual who opts out of receiving messages without being held liable for violating the Telephone Consumer Protection Act.

WORTH NOTING: The ripple effect of one rural doctor catching the coronavirus … “Cottagecore” is this year’s holiday decorating trend … Who will be the first to get the COVID-19 vaccine … What you need to know about the side effects of a COVID-19 vaccine … Chipotle is testing brisket burritos … What the best workplaces for working parents have in common … Eight soft skills to make you a better leader … What an increase in the number of negative reviews of scented candles has to do with the coronavirus … How companies are handling the office holiday party.

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