Daily Digest – August 23. Agency Sued for Failing to Provide Opt-Out Notice in Texts; Judge Remands FDCPA Case Back to State Court

AGENCY SUED FOR FAILING TO PROVIDE OPT-OUT NOTICE IN TEXTS

  • A collection agency is facing a lawsuit in Georgia for allegedly not including an opt-out disclosure in texts it sent to an individual.
  • While we have seen this claim related to emails, this might be one of the first such cases involving text messages.

JUDGE REMANDS FDCPA CASE OVER DUPLICATE NOTICES, HUNSTEIN CLAIMS BACK TO STATE COURT

  • While he remanded the case, the judge declined to award the plaintiff attorneys’ fees, saying that the case law on the subject of standing “is still evolving.”
  • The defendant failed to cite a single case decided after the Supreme Court’s ruling in TransUnion where standing has been determined to exist under these circumstances. Others may want to pay attention when contemplating the removal of cases to federal court.

COLORADO AG ISSUES GUIDANCE RELATED TO COLLECTION AGENCIES WORKING REMOTELY

  • Collection agencies can continue to have employees working remotely in Colorado, as long as they keep following the rules that were established at the start of the pandemic, the state’s Department of Law announced.
  • The guidance will stay in effect until at least next year.

REPORT BREAKS DOWN MEDICAL DEBT BURDEN BY DEMOGRAPHICS, GEOGRAPHY

  • If you are over the age of 75 and living in Texas, odds are you’re carrying a lot of medical debt, according to the data that was published last month.
  • While people over the age of 75 are carrying twice as much debt as those under the age of 35, the younger generation has twice as many people carrying medical debt.

COLLECT RX JOINS HEALTHCARE REVENUE CYCLE LEADER WAKEFIELD & ASSOCIATES TO DELIVER OUT-OF-NETWORK SOLUTIONS

WORTH NOTING: Dr. Fauci has announced he will retire in December … The states with the most generous tippers … Time management tips to help boost your productivity … Signs that you have heart failure that you probably don’t know about … COVID has evolved to make people sicker quicker … How to spot fake reviews on Amazon … The funniest joke winners from the Edinburgh festival … RIP to the coach behind “Friday Night Lights.”

Trailer Tuesday, part I

Trailer Tuesday, part II

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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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