Daily Digest – January 17. Collectors Facing Lawsuit Over ID Theft Disputes; Judge Grants MJOP Over Lack of Interest Disclosure on Settlement Offer

COLLECTORS FACING LAWSUIT OVER IDENTITY THEFT DISPUTES

  • One of the trickiest situations is when a collector attempts to collect a debt from a consumer and the consumer claims to be a victim of identity theft — that he or she did not open the account in question and never received the products or services that were purchased and are now attempting to be collected upon. A plaintiff has filed suit against a number of defendants for attempting to collect a debt that he claims was incurred by his ex-wife, who used his Social Security number and other personal information to open a credit card account with IKEA and then do some shopping and not pay the bill. The plaintiff claims to have supplied identity theft affidavit and a police report along with his supporting documentation, only to have a number of collection operations determine he was still responsible for the debt and is accusing the defendants of violating the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the California Identity Theft Act, and the Rosenthal Fair Debt Collection Practices Act.
  • More details here.
  • This series is sponsored by WebRecon.

JUDGE GRANTS MJOP IN FDCPA CASE OVER LACK OF INTEREST DISCLOSURE ON SETTLEMENT OFFER

  • In a case that was defended by Cooper Walker and the team at Frost Echols, a District Court judge in New York has granted a defendant’s motion for judgment on the pleadings after it was sued for violating the Fair Debt Collection Practices Act because it did not state in a collection letter that interest was accruing on the unpaid balance and that a settlement offer without an expiration date was an “collection tactic” meant to “coerce” the plaintiff into paying the debt.
  • More details here.

COLLECTOR FINED $10K BY STATE FOR USING OVERSEAS LOCATION TO COLLECT

  • The Connecticut Department of Banking has assessed a $10,000 fine against a collection operation that was allegedly using an overseas location to collect from individuals in the Nutmeg state, in violation of state law. The state could have imposed a fine as large as $100,000 but chose a lesser amount.
  • More details here.

EXPERTS SHARE CONTEXT ON CASES IMPACTING ARM INDUSTRY

  • Industry experts David Kaminski, Leslie Bender, Chuck Dodge, David Schultz, Rick Perr, Loraine Lyons, Nathan Copeland, Michael Klutho, and Heath Morgan provide their perspectives and analysis of the legal and compliance trends shaping the ARM industry.
  • More details here.
  • This series is sponsored by Bedard Law Group

WORTH NOTING: The thing that is ruining that pizza you had delivered … What it’s like to live in a 72-square foot apartment … The most anticipated movies of 2023 … Drawing a perfect circle is harder than it looks … The most important thing you need to change if you want to be happier … A new way to open jars using a spoon is going viral … How the design of your office affects your happiness … The perks that employees want in 2023.

Trailer Tuesday, part I

Trailer Tuesday, 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 – January 31. Law Firm Facing Class Action; DFPI Announces Enforcement Actions

LAW FIRM FACING REG F, FDCPA CLASS ACTION OVER CONFLICTING INFO IN EMAIL, LETTERS A …

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