Daily Digest – March 14. Judge Dismisses FDCPA Suit; Plaintiff Files Reg F Suit Alleging Violations Months Before It Went Into Effect

JUDGE DISMISSES FDCPA SUIT, BUT GIVES PLAINTIFF CHANCE TO AMEND COMPLAINT

  • A District Court judge in Arizona has dismissed a plaintiff’s amended complaint accusing a collector of violating the Fair Debt Collection Practices Act by reporting a debt to the credit reporting agencies that was incurred in another state and was owed by a third party with a different name and Social Security number than the plaintiff, while giving the plaintiff 30 days to file a “more carefully drafted and factually inconclusive” second amended complaint.

PLAINTIFF FILES REG F, FDCPA LAWSUITS ALLEGING VIOLATIONS OF RULE MONTHS BEFORE IT WENT INTO EFFECT

  • A pair of lawsuits that have been filed against different collection agencies highlights an interesting trend that has occurred in a number of cases involving alleged violations of Regulation F — specifically situations where a plaintiff’s claims relate to incidents or events that took place before November 30, 2021, when the rule went into effect. In these two lawsuits, for example, the plaintiff is claiming that two different collection agencies violated the Fair Debt Collection Practices Act, the Rosenthal Fair Debt Collection Practices Act in California, and Reg F by attempting to collect debts — and reporting them to credit reporting agencies — that the plaintiff did not owe. But all of the alleged infractions occurred months before Reg F went into effect.

MOST CONSUMERS MISSED AT LEAST ONE CREDIT CARD PAYMENT DURING PANDEMIC: SURVEY

EXPERTS SHARE CONTEXT ON CASES IMPACTING ARM INDUSTRY

  • Understanding the context and consequences of court rulings can be difficult. Thankfully, there are experts out there that can do it for us. Michael Klutho, Leslie Bender, Virginia Bell Flynn, Helen Mac Murray, Brent Yarborough, Aylix Jensen, and Amanda Griffith  break down the ins and outs of cases impacting the ARM industry in this week’s Compliance Digest, which is brought to you by Bedard Law Group.

WORTH NOTING: Tom Brady didn’t stay retired for very long … Do we really need to care this much that one mom fed her six-month old baby a piece of steak? … A lot of people are regretting quitting their jobs … A calculator and map to help you figure out if you are middle class … The biggest snubs from Selection Sunday … Comparing Walmart, Costco, and Aldi grocery stores … Eight common credit score myths you should not believe … Queen Elizabeth appears to be in bad shape.

Happy Pi Day

Music Monday

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Check Also

Daily Digest – November 21. Just Grants MTD in Case Over Fees, Charges in Letter; Judge Rebuffs CFPB Funding Argument in Denying MTD

JUDGE GRANTS MTD IN FDCPA CASE OVER FEES, CHARGES LINE ITEM IN LETTER Ahh, remember …

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