Daily Digest – November 11. Class-Action Over Not Using MVN; Judge Blocks Student Loan Debt Cancellation

CLASS-ACTION ACCUSES COLLECTOR OF VIOLATING FDCPA, REGULATION F FOR NOT USING MVN

  • A class-action complaint has been filed against a collection agency, accusing it of violating the Fair Debt Collection Practices Act and the provisions of Regulation F because it did not use a Model Validation Notice and allegedly used false and deceptive means to attempt to collect on the debt because it opted for a traditional collection notice.
  • More details here.
  • This series is sponsored by WebRecon.

CFPB PUBLISHES GUIDANCE ADDRESSING ‘SHODDY’ FCRA DISPUTE INVESTIGATION PRACTICES BY FURNISHERS, CRAS

  • The Consumer Financial Protection Bureau yesterday issued guidance that warns furnishers of information to credit reporting agencies — and the agencies themselves — about the perils of not conducting reasonable investigations when consumers submit disputes about items on their credit reports.
  • More details here.

CALIF. APPEALS COURT UPHOLDS RULING DENYING DEFENDANT’S MOTION TO COMPEL ARBITRATION

  • A California Appeals Court has affirmed a lower court’s ruling denying a defendant’s motion to compel arbitration in a Rosenthal Fair Debt Collection Practices Act case, after a lower court determined the defendant did not meet its burden of proving the existence of an arbitration agreement between the original creditor and the plaintiff.
  • More details here.

JUDGE BLOCKS STUDENT LOAN DEBT CANCELLATION PROGRAM

  • A District Court judge in Texas yesterday granted summary judgment in favor of plaintiffs who sued the federal government seeking to block a program that would cancel up to $20,000 of student loan debt for individuals making less than $125,000 annually, ruling that the Biden Administration overstepped its authority when it created the program without congressional approval.
  • More details here.

WORTH NOTING: You think it takes you a long time to get something done – Heinz spent 185,000 hours redesigning the cap for its ketchup bottle … Restaurants where veterans can get discounts today … How you can honor veterans today … For people who really want to celebrate National Pickle Day on Monday … Three mistakes that kill your productivity when working remotely … A professional baker weighs in on store-baked cinnamon rolls … Prices on new cars and some groceries are starting to come down … Why RSV is so dangerous for some babies, but not others.

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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