Daily Digest – August 19. Collector Facing Class Action Over MVN’s Use of ‘Now’; Judge Orders Defendant to Pay Attorneys’ Fees in Remanding FDCPA Case

COLLECTOR FACING CLASS ACTION OVER MVN’S USE OF ‘NOW’

  • Yesterday, we wrote about the word “obligation” being the source of issue in a Fair Debt Collection Practices Act and lamented that one word could be the difference between a lawsuit being filed and not, and today is yet another example of that. Today’s word, though, is “now” as in “Total amount of the debt now” in the Model Validation Notice, which has led to a class action being filed against a collector for allegedly violating the FDCPA. This series is sponsored by WebRecon.

JUDGE GRANTS MOTION TO REMAND FDCPA CLASS ACTION, ORDERS DEFENDANT TO PAY ATTORNEYS’ FEES

  • I don’t know if the dance that defendants in Fair Debt Collection Practices Act cases have to do around the issue of standing is a tap dance or more of a soft-shoe number, but there is definitely some graceful movements that are required. One defendant is being required to pay for trying to remove an FDCPA case from state court to federal court, with a District Court judge in Wisconsin granting the plaintiff’s motion to remand the case back to state court and ordering the defendant to pay the plaintiff’s attorneys’ fees to fight the removal.

COLORADO AG PUBLISHES MEMO DETAILING NEW MEDICAL COLLECTION REQUIREMENTS

  • The Colorado Attorney General’s office has sent a memo to licensed collection agencies in the state, making sure they are aware that a new law is going into effect on September 1 that will change how medical debts are collected in certain situations.

DEFENDANT FILES MTD IN FDCPA CLASS ACTION OVER SETTLEMENT OFFER IN LETTER

  • A defendant has filed a motion to dismiss a Fair Debt Collection Practices Act class-action lawsuit, arguing that the plaintiff does not have standing to sue because she did not suffer any damages when she received a collection letter offering to settle the debt for less than the full amount owed because she did not take any action after receiving the letter.

WORTH NOTING: Yes, there is a child’s mullet championship and here are the finalists … Inflation is driving retirees back to work … No, salting your watermelon is not a euphemism. It’s apparently a new trend … Remember that CEO who started paying his employees $70,000 a year? He’s in the news for a much different reason now … Google announced changes to its search algorithms to better prioritize quality websites … What it’s like to be Conan O’Brien’s assistant … If you’re curious what the Wendy’s of the future will look like … Which is healthier? An ice cream cone, a bag of Frito’s, or a multigrain bagel? The answer may surprise you.

Funny Friday, part I (NSFW language)

Funny Friday, part II (NSFW language)

The Daily Digest is sponsored by TCN. Today, contact centers need to do more with less. TCN’s cloud-based predictive dialing tools and services help clients to leverage the most sophisticated inbound, outbound, and blended calling technologies available. TCN’s award-winning platform offers multiple features to assist in compliance while improving performance with no hardware, no monthly minimums, or maintenance fees. Call 866-745-1900 or visit tcn.com today.

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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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