Daily Digest – March 29. Judge Grants MTD in FDCPA Case; Collector Facing Class Action Over Validation Notice

JUDGE GRANTS MTD IN FDCPA CASE OVER COMMUNICATION LANGUAGE

  • If you’re about as old as I am, you may remember the TV show, “Cheers,” specifically mail carrier Cliff Claven, who, in a famous episode, appeared on Jeopardy! and, I won’t spoil it if you haven’t seen it, had one of the best all-time final jeopardy answers in history. A District Court judge in Utah has granted a defendant’s motion to dismiss in a case that I will describe as Claven-esque because the plaintiff accused the defendant of violating the Fair Debt Collection Practices Act by not being specific enough about all the ways that she could make arrangements to pay a debt.

COLLECTOR FACING CLASS-ACTION FDCPA SUIT OVER VALIDATION NOTICE

  • A Pennsylvania debt collector is facing a class-action lawsuit in New Jersey after it was accused of sending an initial communication that included a statement in the validation notice that said a dispute could be filed either verbally or in writing.

JUDGE DISMISSES CFPB SUIT OVER ALLEGED ILLEGAL COLLECTION PRACTICES

  • A District Court judge in Delaware has dismissed a lawsuit filed by the Consumer Financial Protection Bureau that accused a student loan servicer and the debt collector it hired of engaging in deceptive collection practices, ruling that the regulator did not have the authority to file the lawsuits because it did so at a time when its leadership structure was unconstitutional. A subsequent ratification of the action by former Director Kathleen Kraninger was not enough to allow the CFPB to continue to the suit because the ratification’s statute of limitations had expired before it was done. This is believed to be the first case in which a judge has ruled that a ratification was not enough to save an enforcement action after the CFPB’s leadership structure was found to be unconstitutional by the Supreme Court in Seila Law v. CFPB.

LAWSUITS WAY DOWN, COMPLAINTS WAY UP: WEBRECON

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 — Chantel Wonder, Brit Suttell, Stacy Rodriguez, Judd Peak, Virginia Bell Flynn, Laurie Nelson, and Lauren Burnette  — 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: How emotions factor in to someone being “financially whole” … There’s never a coyote around when you need one … The number of robocalls being made is spiking … How job seekers are turning to TikTok for help … A chip shortage is causing a lot of problems, including at this plant I used to work at during the summer when I was a teenager … The Vice President is still waiting to move her family into their permanent residence … The best apps and services to stay fit … A lot more “Game of Thrones” content is going to be coming your way.

Photos of dogs doing work

Music Monday

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Check Also

Daily Digest – April 13. Appeals Court Affirms Dismissal of FDCPA Case; Judge Denies MTD in FDCPA Case Over Dispute Clarification

APPEALS COURT AFFIRMS DISMISSAL OF FDCPA CASE OVER LETTER ITEMIZING ‘$0.00’ IN INTEREST, FEES The …

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