Daily Digest – October 21. Class Action Accuses Collector of Operating in CA Without Applying for License; Judge Grants MTD in TCPA Case Over Collection Calls

CLASS ACTION ACCUSES COLLECTOR OF VIOLATING FDCPA, OPERATING IN CALIF. WITHOUT APPLYING FOR LICENSE

  • A class-action complaint has been filed in California, accusing a collector of violating the Fair Debt Collection Practices Act and Regulation F by overshadowing the 30-day validation window while also accusing the defendant of violating a new law in California because it has neither obtained nor applied for a license to operate in the state.
  • More details here.
  • This series is sponsored by WebRecon.

JUDGE GRANTS MTD IN TCPA ATDS CASE OVER COLLECTION CALLS

  • A District Court judge in California has granted a defendant’s motion to dismiss a Telephone Consumer Protection Act case, although giving the plaintiff the opportunity to amend his complaint, ruling that the plaintiff did nothing more than make conclusory allegations and that it is too “implausible” that the defendant would use a random or sequential number generator — a requirement to meet the definition of an automated telephone dialing system — to contact a debtor with an unpaid account.
  • More details here.

JUDGE GRANTS SUMMARY JUDGMENT FOR DEFENDANT IN FDCPA CASE, AFTER RULING RECEIPT OF LETTER ENOUGH FOR STANDING

  • A District Court judge in Pennsylvania has granted summary judgment in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act a second time, after the plaintiff filed a motion for reconsideration, ruling that a collection letter sent to the plaintiff was not false, deceptive, misleading, unfair or unconscionable. Separately, what makes this ruling interesting is that the judge ruled that receiving an allegedly deceptive letter is enough for the plaintiff to have standing to pursue the claim in federal court.
  • More details here.

CFPB REMINDS FURNISHERS ABOUT SENDING ACCURATE INFORMATION TO CRAS

  • The Consumer Financial Protection Bureau yesterday issued an advisory opinion reminding furnishers of information to the credit reporting agencies about the importance of insuring that the information being furnished is accurate and not “junk” data.
  • More details here.

WAKEFIELD & ASSOCIATES ACQUIRES CHOICE RECOVERY TO EXPAND ITS GEOGRAPHIC FOOTPRINT

  • Wakefield & Associates, an industry-leading collections and healthcare revenue cycle solutions company, today announces it has acquired the debt collection business of Choice Recovery, Inc., an Ohio-based nationally recognized collections provider.
  • More details here.

WORTH NOTING: The best comedy wildlife photos of 2022 … The Supreme Court has decided not to block the student loan debt relief program … Winter could worse in a lot of places thanks to a shortage of snowplow drivers … Meet the companies with the best work-life balance … Wayne Brady on how improv can help you innovate … A look inside Rolls-Royce’s first electric car, which carries a $400,000 price tag … A phone that can change size with the push of a button … Remote workers are working less and sleeping and playing more, according to a new study.

Funny Friday, part I

Funny Friday, part II

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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