Daily Digest – March 12. Appeals Court Issues Another Ruling on Standing; Pronoun Game FDCPA Case Gets Dismissed

SEVENTH CIRCUIT ISSUES ANOTHER RULING ON STANDING; ‘STRESS AND CONFUSION’ NOT ENOUGH TO SUE

  • The Court of Appeals for the Seventh Circuit is back with another ruling on standing to sue in a Fair Debt Collection Practices Act lawsuit, remanding a case back to the District Court for it to be dismissed after a debt collector was sued for sending a letter to an individual who had notified a previous creditor that she was represented by counsel and was refusing to pay a debt, because the previous creditor did not inform the subsequent collector of the notification.

JUDGE GRANTS MTD IN FDCPA CASE OVER PRONOUN USAGE IN VALIDATION NOTICE

  • When it comes to Fair Debt Collection Practices Act lawsuits, there are not many claims that haven’t already been made. Plaintiffs and their lawyers have been attacking the FDCPA for years and had pretty much identified all the different reasons why a debt collector could be sued. So when you come across a ruling — granting a motion to dismiss — where the judge says that a plaintiff’s “theory of deception does not appear to have previously been considered by any court,” your eyes perk up and you sit a little bit more upright in your chair as you keep reading. In this case, a District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for essentially playing the pronoun game in a validation letter.

41 STATE AGs REACH SETTLEMENT WITH BREACHED COLLECTION AGENCY

  • Attorneys general from 41 states have reached a settlement with Retrieval-Masters Credit Bureau, which operated a collection agency under the name of American Medical Collection Agency, stemming from a data breach in 2019 that exposed the personal information of more than 7 million individuals. The company may be liable for as much as $21 million in penalties if it fails to honor the terms of the settlement.

CFPB RESCINDS POLICY ON IDENTIFYING ABUSIVE ACTS OR PRACTICES

  • The Consumer Financial Protection Bureau yesterday rescinded restrictions put in place by the previous leadership that established a two-part test to determine whether a company had engaged in abusive acts or practices, saying it intends to “exercise its supervisory and enforcement authority consistent with the full scope of its statutory authority,” which, for companies regulated by the CFPB, is as ominous as it sounds.

WORTH NOTING: Independence Day may have an additional meaning this year … A 400-pound slide stolen from a park was found mounted to the wall of a child’s bedroom … Happy Birthday to Ken. You have to admit he hasn’t aged a day and looks great for being 60 … Ways to use things other than money to motivate employees … If you’re using someone else’s Netflix account, you may need to get your own account soon … Inside the new $100,000 SUV from Jeep … The best password managers … Matthew McConaughey is “seriously considering” running for governor of Texas.

Awesome drone video

Funny Friday

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