Daily Digest – September 22. Bedard Continues Breakdown of Model Validation Notice; Judge Partially Dismisses FDCPA Class Action

BEDARD CONTINUES BREAKDOWN OF MODEL VALIDATION NOTICE

  • One of the most common questions that has been asked about collectors using the Model Validation Notice put forth by the Consumer Financial Protection Bureau in Regulation F is, “Can we make any changes to it?” Collectors have asked about adding additional pieces of information, disclosures, or making other changes to the notice, but still being able to enjoy the safe harbors that Regulation F provides to collectors who choose to use the Model Notice. The CFPB lays out its requirements in Section 1006.34 of Regulation F, and that is where we still find ourselves as John Bedard from Bedard Law Group breaks down the form in which the validation information must be provided by collectors when communicating with consumers in the latest episode of “You Wanted a Rule, You Got a Rule.”

JUDGE PARTIALLY DISMISSES FDCPA CLASS ACTION OVER COLLECTION LETTER, DISPUTE

  • A District Court judge in Illinois has dismissed one of the two counts in a Fair Debt Collection Practices Act class action against a debt buyer and collection agency, ruling that the plaintiff did not have standing to sue by claiming that the addition a phrase to the outside of the envelope containing a collection letter violated the statue, but denying the motion to dismiss on the other count because the defendant’s argument did not address the issue of the plaintiff’s standing.

SENATE MOVES ONE STEP CLOSER — NOW ONE STEP AWAY — FROM CONFIRMING CHOPRA TO LEAD CFPB

  • After laying dormant for months, the nomination of Rohit Chopra to be the next Director of the Consumer Financial Protection Bureau was awoken and quickly accelerated yesterday, to the point where some published reports are saying his confirmation by the full Senate could be days away.

CFPB SUES SOFTWARE PROVIDER FOR ENCOURAGING CREDIT REPAIR COS. TO CHARGE UPFRONT FEES

  • The Consumer Financial Protection Bureau has filed a lawsuit against a software provider for allegedly helping illegal credit repair businesses break federal law and seeks relief for consumers who have been harmed, an injunction to stop what they have allegedly been doing, civil fines, and returning the money they have made selling their products.

STATE NAMES SAMEER MAINI AS CHIEF INFORMATION OFFICER

WORTH NOTING: The worst of the COVID-19 pandemic may be over … Would finding this in the walls of your house make you want to move? … How to keep employees happy during the Great Resignation without paying them more … A lot of people living in metropolitan areas are living paycheck to paycheck … Think remote meetings are hard? Try hybrid meetings … RIP Willie Garson … Are you a Taco Bell subscriber? … The highest-paid soccer players in the world.

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Daily Digest – October 18. Judge Remands FDCPA Case Back to State Court; Ed. Dept. Hands Out Student Loan Contracts

JUDGE REMANDS FDCPA CLASS BACK TO STATE COURT OF RULING PLAINTIFF LACKS STANDING A District …

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