JUDGE DENIES MTD IN FDCPA SUIT OVER FRAUDULENT DEBT
- A District Court judge in Washington has denied a defendant’s motion to dismiss claims it violated the Fair Debt Collection Practices Act after it was accused of continuing to demand payment and moving forward with a collection lawsuit even though it had been notified by the plaintiff’s attorney that the underlying debt in question was written using a dishonored check on an account that had been closed because of fraudulent activity.
LAWSUIT TOTALS SPIKE IN MARCH: WEBRECON
- In a sign of what is likely to come, lawsuits alleging violations of the Fair Debt Collection Practices Act increased 19% in March compared with February, although the total for the first quarter of 2021 is still well below that from the same period last year, according to data released last week by WebRecon. Lawsuit alleging violations of the Fair Credit Reporting Act were up 25% on a month-over-month basis and were up 6% quarter-over-quarter, while lawsuits alleging violations of the Telephone Consumer Protection Act were up 24% from February, but were down 44% from the first quarter of last year.
APPEALS COURT DISMISSES REQUEST SEEKING ADDITIONAL DAMAGES IN TCPA SUIT
- The Eleventh Circuit Court of Appeals has dismissed an appeal filed by a plaintiff seeking to recover additional recoveries after being awarded $14,000 in a Telephone Consumer Protection Act case against a collector.
HEALTHCARE COSTS CAUSE PROBLEMS FOR EVERYONE, REGARDLESS OF INCOME
- There is likely a sense that only people who do not make a lot of money are unable to afford paying for healthcare, and while that is largely true, data from a nationwide poll reveals that regardless of how much money an individual makes, healthcare costs force difficult decisions to be made. About 46 million people say they would be unable to pay for healthcare today if they needed access to it, and just as many reported that someone in their household has skipped care that was needed during the past 12 months, according to the results of a nationwide poll that was released by Gallup recently.
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 — Joann Needleman, Michael Klutho, Mitch Williamson, June Coleman, Robert Sabido, Caren Enloe, and Brent Yarborough — 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 to practice being more open-minded … Disneyland’s new Snow White ride is coming under criticism for not being woke … How one man went 20 years without paying his mortgage … Five truths about employee engagement … Why keeping your swimming pool clean is going to cost you more … Goodbye Calibri. Microsoft is changing its default font for the first time in nearly 15 years … A guide to the red-hot real estate market … Winners and losers from the NFL Draft.
For your next Happy Hour
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