Daily Digest – September 9. Appeals Court Dismisses Hunstein for Lack of Standing; Class Action Filed Over Blank Lines in MVN

APPEALS COURT DISMISSES HUNSTEIN FOR LACK OF STANDING

  • The Court of Appeals for the Eleventh Circuit issued its long-awaited ruling in Hunstein v. Preferred Collection & Management Services yesterday, dismissing the case because the plaintiff lacked standing to sue in federal court.
  • While the result may be seen as good news by some in the ARM industry, it likely moves to fight to win these types of cases to state courts across the country.
  • More details here.

CLASS ACTION FILED OVER BLANK ITEMIZATION TABLE LINES IN MVN

  • Even though there was no interest or fees added to the balance, the collector is accused of violating the FDCPA and Regulation F by leaving those lines in the Model Validation Notice’s itemization table blank.
  • The complaint is a class-action and seeks to include anyone who received a similar letter.
  • More details here.
  • This content is sponsored by WebRecon.

PAIR OF NDIL HUNSTEIN CASES REMANDED BACK TO STATE COURT FOR LACK OF STANDING

  • The defendants in both cases were not able to convince the judges that the plaintiffs sustained a concrete injury in alleging the collectors violated the FDCPA by allegedly using a vendor to print and mail collection letters.
  • Both cases are now headed back to state court.
  • More details here.

CFPB WARNS COLLECTORS WORKING NURSING HOME ACCOUNTS ABOUT POTENTIAL FDCPA VIOLATIONS

  • Nursing homes participating in Medicare and Medicaid are prohibited from requiring third parties to personally guarantee payment of a resident’s bills. Trying to collect on those guarantees may violate the FDCPA and FCRA, the CFPB warned.
  • Caregivers have been subjected to wage garnishment or even lost their homes because of collection efforts, according to the Bureau.
  • More details here.

WORTH NOTING: What happens in the coming days to memorialize Queen Elizabeth II is an intricately laid-out plan that has been in place for years … The significance of the photo that was used to announce her passing … What the heck is a “Queen Consort” anyway? … IHOP has a special deal to celebrate National Chocolate Milkshake Day on Monday … I’ll see your Quiet Quitting and raise you a Quiet Firing … Not sure I can get comfortable adding water to my Count Chocula … The upsides of using chatbots … Major League Baseball is considering a number of changes to the game.

Funny Friday, part I

Funny Friday, part II

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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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