Daily Digest – April 27. Judge Grants MSJ for Plaintiff in FDCPA Case; California Issues NPRM on Licensing Application

JUDGE GRANTS MSJ FOR PLAINTIFF IN FDCPA CASE OVER LACK OF NOTIFICATION IN UNDERLYING COLLECTION SUIT

  • A District Court judge in Washington has granted a plaintiff’s motion for partial summary judgment while denying motions for summary judgment filed by the defendants in a Fair Debt Collection Practices Act case, ruling that an informal phone call between the plaintiff and a representative of the defendant was enough to notify the defendant of the plaintiff’s intent to appear in an underlying collection lawsuit, which should have triggered a motion for default judgment that was never sent to the plaintiff.

CALIFORNIA DFPA ISSUES NPRM ON LICENSING APPLICATION

  • California’s Department of Financial Protection and Innovation has issued a Notice of Proposed Rulemaking in relation to its plan to adopt licensing requirements for debt collectors, and opened a 45-day comment period on those proposed rules. The proposed rules seek to adopt the application that will have to be used by collectors when applying for a license to collect from individuals living in the state.

NEVADA MEDICAL COLLECTION BILL PROGRESSING THROUGH LEGISLATURE

  • The Nevada State Assembly held a hearing last week to address a bill that has already passed the state Senate and seeks to require a collection agency notify an individual before taking any action to collect on a medical debt, while also establishing a floor for the minimum amount of debt that qualifies for filing a civil action to collect on an unpaid medical debt.

LAW PROF. CALLS OUT CFPB FOR LACK OF PANDEMIC-RELATED ENFORCEMENT, INCLUDING ACTIONS AGAINST COLLECTORS

WORTH NOTING: The top summer vacation destinations for Americans this year … Workers are “far safer” from COVID-19 inside the workplace than outside it, according to a new study … Millions of people are skipping their second vaccine shots for some reason … A lot of people are still waiting to receive their income tax refunds … The pandemic has left a lot of women financially worse off than they were before COVID … Cast members of “Saturday Night Live” don’t want Elon Musk hosting the show … Pictures from around the world of last night’s “Pink” moon.

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