Daily Digest – March 27. Appeals Court Affirms MSJ for Defendant; Bill Introduced to Amend FDCPA, FCRA

APPEALS COURT AFFIRMS MSJ FOR DEFENDANT IN FDCPA CASE BECAUSE DEBT WAS NOT IN DEFAULT

• The Court of Appeals for the Sixth Circuit has, for the second time, ruled in favor of a defendant sued for allegedly violating the Fair Debt Collection Practices Act, this time determining that the defendant did not meet the statute’s definition of “debt collector” because the debts were not in default while attempts to collect were being made.
• More details here.

BILL INTRODUCED IN HOUSE TO AMEND FDCPA, FCRA WITH RESPECT TO MEDICAL DEBTS

• Overshadowed by the Appeals Court ruling on the CFPB’s funding structure and the enforcement action against Portfolio Recovery Associates late last week was the introduction of a bill in the House of Representatives that aims to amend the Fair Debt Collection Practices Act to institute a two-year prohibition on the collection of medical debt and amend the Fair Credit Reporting Act to exclude “medically necessary” procedures from being included on consumers’ credit reports.
• More details here.

CALIF. APPEALS COURT AFFIRMS $50K ANTI-SLAPP ATTORNEY FEE AWARD FOR COLLECTOR

• A California appeals court has upheld the attorney fees award of nearly $50,000 granted to a debt collector that was accused of interfering in the attorney-client relationship between the plaintiff and a client it represented in a collection lawsuit the defendant filed against the client, after the defendant filed an anti-SLAPP motion.
• More details here.

EXPERTS SHARE CONTEXT ON CASES IMPACTING ARM INDUSTRY

• Industry experts Christopher Morris, Caren Enloe, David Shaver, Cooper Walker, Stacy Rodriguez, Heath Morgan, and John Redding 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 didn’t colleges do this when I was attending? … How well do you know the mottos of the 50 states? … Why credit is likely to tighten for households and businesses … A five-step system to ace performance reviews … Twelve of the cheapest places to live if you want to move abroad … Tips to manage your credit card debt … All the things you need to disclose if you are selling your house … How to manage the ups and downs of a relationship.

Music Monday, part I

Music Monday, part II

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