Daily Digest – January 21. Judge Grants MSJ for Defendant in FCRA Class Action; Appeals Court Overturns Dismissal of Convenience Fee Case

JUDGE GRANTS MSJ FOR DEFENDANT IN FCRA CLASS OVER ACCESSING CREDIT REPORT WHEN COLLECTING ON DEBT

  • In a case that was defended by David Schultz and the team at Hinshaw Culbertson, a District Court judge in Arizona has granted a defendant’s motion for summary judgment after it was accused in a class action of violating the Fair Credit Reporting Act for accessing an individual’s credit report in order to obtain a mailing address so it could attempt to collect on a debt.

APPEALS COURT REVERSES DISMISSAL OF CLASS ACTION OVER ONLINE CONVENIENCE FEES

  • From Ron Canter: On January 19, 2022, the Fourth Circuit Court of Appeals in Alexander v. Carrington Mortgage Services, LLC (Case No. 20-2359, 2022 WL 164018), reversed the dismissal of a class action filed by two Maryland borrowers claiming that the servicer to whom they remit mortgage payments violated the Maryland Consumer Debt Collection Act (MCDCA) and the Maryland Consumer Protection Act (MCPA) by charging a $5.00 convenient fee for online payments.

GROUPS FILE AMICUS BRIEFS SUPPORTING PREFERRED IN ADVANCE OF EN BANC REHEARING

  • Five groups have filed amicus briefs with the Eleventh Circuit Court of Appeals in support of the defendant-appellee in Hunstein v. Preferred Management & Collection Services, each laying out their arguments why the Court should rule that the plaintiff-appellant does not have standing to sue in a Fair Debt Collection Practices Act case that alleges using a vendor to print and mail collection letters constitutes a communication under the statute.

IRS IN ‘CRISIS’ AS 2022 TAX SEASON SET TO KICK OFF

  • The Internal Revenue Service “is in crisis” after its most “challenging” year ever in 2021, writes the agency’s Taxpayer Advocate Office in its annual report to Congress, noting that the agency is processing more returns than ever while relying on software that is six decades old.

CARRIE FINNEY PROMOTED TO CEO AND CHAIR OF THE CMI GROUP

WORTH NOTING: More tips for 2022 — how to say “no” to people and stick with it … Robot umpires are moving a step closer to the Major Leagues … I wonder what their sports teams will be called … A tweet that is going viral is illustrating the wage gap in America … RIP to Marvin Lee Aday, better known as Meat Loaf … McDonald’s is bringing back a sweet treat after a five-year hiatus … A secret clue that one of your employees is about to quit … Nine million people are missing work because COVID is in their house.

Can you solve the birthday cake riddle?

Funny Friday

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Daily Digest – June 24. Judge Rules for Defendant in FDCPA Case Over Dispute Response; Settlement Will Cancel $6B in Student Loans

JUDGE RULES FOR DEFENDANT IN FDCPA CASE OVER DISPUTE RESPONSE A District Court judge in …

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