Daily Digest – December 23. Industry Vows to Appeal Ruling Denying Challenge to Arizona Garnishment Law; Judge Grants MTD in FDCPA Class Action

COMPLAINT ACCUSES COLLECTORS OF SIMULTANEOUSLY TRYING TO COLLECT ON DEBT, CONTRADICTING ONE ANOTHER

  • A lawsuit has been filed against a pair of companies, accusing them of violating the Fair Debt Collection Practices Act by attempting to collect on a debt simultaneously and sharing information about the debt with each other while also sending contradictory information to the plaintiff.
  • More details here.
  • This series is sponsored by WebRecon

JUDGE GRANTS MTD IN FDCPA CLASS ACTION OVER SOL DISCLOSURE IN LETTER

  • A District Court judge in New Jersey has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action related to the statute of limitations disclosure in a collection letter, affirming that the disclosure made by the defendant is one that has already been ruled on by other judges in and out of The Garden State to not violate the FDCPA. Full credit to the plaintiff, though, for pointing out that there is nothing to stop a creditor from filing a lawsuit to collect a debt for which the statute of limitations has expired and that it must be used as an affirmative defense by the party being sued. The ruling is helpful because it reinforces that the specific disclosure used in this case has now been ruled yet again to not violate the FDCPA.
  • More details here.

INDUSTRY VOWS TO APPEAL RULING DENYING CHALLENGE TO ARIZONA GARNISHMENT LAW

  • A state court judge in Arizona has denied a challenge from the accounts receivable management industry that sought to keep the Arizona Protection from Predatory Debt Collection Act — a measure that increases the amount that can be shielded from garnishments to pay medical debts while also lowering judgment interest rates — from going into effect. The group, led by the Arizona Creditors Bar Association has said it will appeal the decision.
  • More details here.

CFPB FINES REMITTANCE COMPANY $700K FOR FAILING TO PROVIDE REFUNDS

  • The Consumer Financial Protection Bureau has fined an international remittance company $700,000 for not refunding consumers after it made transfer errors, in a failure to comply with the Electronic Funds Transfer Act.
  • More details here.

WORTH NOTING: How life got pricier — and cheaper — this year … Taking love of “National Lampoon’s Christmas Vacation” so far the police got involved … The most dangerous jobs in America … Four ways in which banking is going to evolve during the next decade … A sports reporter in Iowa did not take kindly to being asked to cover the weather instead … Holiday bonuses are getting chilled this year … Why you should always keep cat litter in your car, and other winter storm survival tips … The truth about dripping faucets, frozen pipes, and extreme cold.

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.

Check Also

Daily Digest – January 27. Collector Facing FDCPA, Reg F Class-Action Over Non-MVN; Judge Grants MSJ for Plaintiff

COLLECTOR FACING FDCPA, REG F CLASS-ACTION OVER NON-MVN SENT TO CONSUMER A collector is facing …

Leave a Reply

Your email address will not be published. Required fields are marked *

X