Daily Digest – January 10. Complaint Accuses Collector of Violating Debt Parking Provisions; Appeals Court Overturns Own Precedent

COMPLAINT ACCUSES COLLECTOR OF VIOLATING REG F’S DEBT PARKING PROVISIONS

  • An individual who was allegedly the victim of identity theft has filed a lawsuit against a defendant for allegedly violating the debt parking provisions of Regulation F by furnishing information about the debt to the credit reporting agencies without first attempting to notify the plaintiff that the debt was going to be reported.
  • More details here.
  • This series is sponsored by WebRecon.

APPEALS COURT OVERTURNS OWN PRECEDENT IN BK CASE INVOLVING COLLECTOR

  • The Court of Appeals for the Seventh Circuit has overturned a bankruptcy court’s decision and remanded a case with instructions to resolve claims from the bankruptcy trustee on the merits after a collection agency garnished an individual’s wages and seized $3,700 within the 90 days before the individual filed for bankruptcy protection. In issuing its ruling, the Appeals Court overturned a nearly 40-year-old precedent from the Seventh Circuit that was trumped by a Supreme Court ruling 30 years ago.
  • More details here.

FCC CHAIR CALLS ON CONGRESS FOR HELP REDEFINING ATDS, RIGHT TO COLLECT

  • The chair of the Federal Communications Commission has asked Congress to “fix” the definition of an automated telephone dialing system because the current definition may be the reason why the number of robotexts is increasing, and wants to be able to collect on the fines it assesses, according to a letter sent to a number of members of Congress who had inquired about the Commission’s fight against robocalls.
  • More details here.

FTC SEEKS TO BAN NON-COMPETE CLAUSES

  • The Federal Trade Commission has proposed a rule that would ban the use of non-compete clauses in employment contracts, which affect as many as 18% of all workers in the United States.
  • More details here.

ACTION COLLECTION AGENCIES APPOINTS CANDICE E. O’BRIEN AS EVP/COO

  • Action Collection Agencies, Inc. (ACA) in Middleboro, MA has appointed Candice E. O’Brien as its Executive Vice President/Chief Operations Officer overseeing the operations of its first and third party collections services.
  • More details here.

WORTH NOTING: The Biden Administration is expected to announce a new student loan repayment program today … What to know if you win the $1.1 Mega Millions jackpot, other than I’m going to be your new best friend … How to set — and not forget — your 2023 work goals … Was making up a story that gets you $400,000 on GoFundMe worth three years in prison? … The biggest bombshells from Prince Harry’s memoir … A scientist has come up with two new units of measurement for really really really big things … The biggest news in our house this weekend was that pastina is being discontinued … The best movies from 2022 and there to watch them.

Trailer Tuesday, part I

Trailer Tuesday, part II

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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 …

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