Daily Digest – January 19. Preferred Files Brief with Eleventh Circuit; Regulator Revokes Agency’s License

PREFERRED FILES BRIEF WITH ELEVENTH CIRCUIT IN ADVANCE OF EN BANC HEARING

  • Congress made a mistake when it drafted Section 1692c(b) of the Fair Debt Collection Practices Act, which prohibits communicating information about a debt with third parties because the way the statute is written, “there would be no corporate debt collectors because debt collectors would violate the FDCPA ever single time they communicated about a debt with any employee, independent contractor, or other agent — i.e., the very people a corporation needs to do anything,” argues the defendant-appellee in its brief to the Eleventh Circuit Court of Appeals in advance of next month’s hearing in Hunstein v. Preferred Collection & Management Services.

JUDGE GRANTS MTD IN FDCPA CASE ON ALL COUNTS BUT ONE

  • When a collector is informed that a consumer is being represented by an attorney, there are not many exceptions allowing the collector to contact the consumer directly. One of those exceptions is when the attorney fails to respond within a reasonable period of time to a communication from a debt collector. But how long is reasonable? A District Court judge in Georgia has granted a defendant’s motion to dismiss all claims except for one in a Fair Debt Collection Practices Act case, ruling that not responding within eight months is not something that can be resolved at this stage in the case.

CONN. REGULATOR YANKS AGENCY’S LICENSE, IMPOSES $100K FINE, FOR NOT RESPONDING TO EXAMINATION REQUEST

  • The Connecticut Department of Banking has revoked a collection agency’s license to collect in the state, while also issuing an order to cease and desist from not cooperating with the regulator, and assessed a fine of $100,000 for failing to provide information that had been requested as part of an examination of the agency.

25 COMPANIES SEEKING COLLECTION TALENT

WORTH NOTING: As I sit here in Nashville, this seems oddly appropriate — Life lessons from Dolly Parton … The house from “A Nightmare on Elm Street” is worth a lot in spite of being haunted … Can you guess who was cast to play Weird Al Yankovic in a biopic about the singer before clicking this link to find out? … My bologna is a facemask; it’s spelled f-u-n-n-y … Tips to help you be a better public speaker, including on Zoom calls … Even the Supreme Court can’t agree on whether to mask up or not … How to know if travel insurance is worth it … Uncovering the mystery behind pop culture’s most dramatic sound.

Challenging your body and mind at the same time

How to look inward and reinvent yourself

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Check Also

Daily Digest – May 11. Judge Denies Motion to Remand, Grants MTD; N.Y. Legislature Passes Medical Debt Collection Bill

JUDGE DENIES MOTION TO REMAND FDCPA CASE BACK TO STATE COURT; GRANTS MTD A District …

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