Daily Digest – April 18. Judge Remands FDCPA Case Back to State Court; CFPB Releases Annual FDCPA Report

JUDGE REMANDS FDCPA BASE BACK TO STATE COURT

  • Standing, with respect to Fair Debt Collection Practices Act lawsuits these days, is not necessarily always a black-and-white situation. Whether a plaintiff suffered a concrete injury sufficient enough to have standing to sue in federal court is a moving target, but judges have generally indicated that in order to have standing, a plaintiff needs to have suffered some form of financial injury, such as paying a debt that he or she did not owe. But isn’t it true, one defendant attempted to argue, that judges should accept that a plaintiff must have done something different upon receiving a collection letter alleged to be misleading and deceptive, and that something is enough to confer standing? Not so, ruled a District Court judge in New York, who remanded a case back to state court after ruling that the plaintiff did not have standing to sue in federal court.

CFPB RELEASES ANNUAL FDCPA REPORT

  • The Consumer Financial Protection Bureau is calling on policymakers to examine whether the Fair Debt Collection Practices Act should be broadened to protect not just consumers but small businesses, according to its annual report on the FDCPA that it submitted to Congress last week. Small businesses can be just as vulnerable as consumers while “facing similar practices by bad actors” without having “the same set of rights,” noted CFPB Director Rohit Chopra in a message announcing the submission of the report.

PROCESSOR WITH TIES TO COLLECTION AGENCIES DROPS CHALLENGE TO SEIZED $400K

  • A company accused of allegedly laundering money for debt collection firms has relinquished its claim to nearly $400,000 that was seized by government prosecutors who are seeking to crack down on fraud and illegal debt collection activities by companies in Western New York, according to a published report.

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. Leslie Bender, Caren Enloe, Mitch Williamson, Christopher Morris, Jonathan Robbin, Nicole Strickler, Stacy Rodriguez, and Cooper Walker 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: All the new emojis available on iPhones, including a pregnant man one … Throwing an employee a surprise birthday party ended up costing one company $450,000 … What you need to know about Tax Day including all the discounts and free stuff you can get … Why you should schedule all your emails … How much you should give as a gift if you are going to a wedding this year … The home renovation projects with the best returns on investment … The city where property taxes rose the most last year … An interesting look at the photos you see in movies.

Right here in my hometown

Music Monday

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Daily Digest – December 5. Senate Bill Aims to Restrict Medical Debt Collections; Calif. Appeals Court Upholds Ruling for Creditor in RFDCPA Case

SENATE BILL SEEKS TO PLACE RESTRICTIONS ON MEDICAL DEBT COLLECTION A bill has been introduced …

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