Daily Digest – January 23. Judge Grants Motion to Set Aside Default Judgment; Proposed Law Would Limit Collections in Florida For Crime-Incurred Debts

JUDGE GRANTS MOTION TO SET ASIDE DEFAULT JUDGMENT IN FDCPA, FCRA CASE OVER COMPLAINT SENT TO EMPTY OFFICE

  • An interesting ruling out of South Dakota in which a District Court judge has agreed to set aside a default judgment that was obtained against a Buy Now, Pay Later service after it was sued for allegedly violating the Fair Debt Collection Practices Act and the Fair Credit Reporting Act because the company never received the summons or complaint because its office was largely unstaffed during the COVID-19 pandemic.
  • More details here.

PROPOSED LAW WOULD LIMIT COLLECTIONS IN FLORIDA IF INCURRED AS A RESULT OF CERTAIN CRIMES

  • The changing of the calendar from December to January signifies more than just the start of a new year. In many states, it signifies the start of a new legislative session. Already, there are reports that bills attempting to regulate actions and behavior in the accounts receivable management industry are being introduced or planned to be introduced. One example is in the Florida state legislature, in which a bill is being introduced in both houses that would prohibit creditors from contacting individuals who incurred debts as a result of being victims of certain crimes.
  • More details here.

APPEALS COURT AFFIRMS DISMISSAL OF FCRA, FDCPA CASE

  • The Court of Appeals for the Second Circuit has affirmed the dismissal of a case alleging violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and Racketeer and Influenced and Corrupt Organizations (RICO) Act involving a number of collection operations attempting to collect on a debt the appellant suspects was the result of identity theft.
  • More details here.

EXPERTS SHARE CONTEXT ON CASES IMPACTING ARM INDUSTRY

  • Industry experts Caren Enloe, Jessica Klander, Jonathan Robbin, Cooper Walker, Virginia Bell Flynn, Alan Hochheiser, Stacy Rodriguez, and Monica Littman 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: Why more things are behind plastic at retail stores … Marvel didn’t give Don Cheadle much time to agree to a six-movie deal … 12 important questions to ask your father before he’s gone (this is just a test to see if my kids read this or not) … This nine-year-old has a future as a detective … Is switching from Pepsi to Coke worth this much of an uproar? … Tips for people using Google Calendar … Why you may want to hold off if you are looking to buy a new car now … Why your 2022 tax return may be smaller than you’re expecting.

Music Monday, part I

Music Monday, 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 – February 3. Complaint Alleges Confusion; Agencies Fined for Unlicensed Activities

COMPLAINT ALLEGES CONFUSION BETWEEN WHO OWNED DEBT AND TO WHOM DEBT WAS OWED The issues …

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