COLLECTOR SUED FOR NOT INCLUDING SOL DISCLOSURE IN TEXTS
- One of the challenges when it comes to communicating with consumers via text messages about unpaid debts are the character limits. In the course of our normal day, we use slang, emojis, and text-ese (think u instead of you) to communicate efficiently and effectively. That isn’t necessarily very professional, so collectors have to do things by the book. But that forces them to make decisions about what to include. A consumer has filed a Fair Debt Collection Practices Act lawsuit against a collector for sending text messages that attempted to collect on an unpaid debt for which the statute of limitations had purportedly expired, without including any language or disclosures related to that possibility.
- More details here.
- This series is sponsored by WebRecon
JUDGE DENIES MTD IN FDCPA CLASS OVER EVICTION ACTION
- A District Court judge in Minnesota has denied a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action, ruling that eviction proceedings are subject to the FDCPA and that the “competent attorney” standard does not apply to communications received before the plaintiff retained a lawyer.
- More details here.
USE OF ‘KNOWINGLY’ FALSE COLLECTION LETTER PRECLUDES COMPANY FROM INSURANCE CLAIM
- A District Court judge in Colorado has ruled that an insurance company does not have to cover customers that were found liable for using a faulty debt collection letter, because of a provision in the agreement that excluded coverage in the event that material was published with a “knowledge of falsity.”
- More details here.
ED. DEPT. RELEASES RULE TO KEEP STUDENTS FROM ‘UNAFFORDABLE’ DEBT BURDENS
- The Department of Education yesterday proposed a Gainful Employment rule that aims to “protect students from unaffordable debt or insufficient earnings from career training programs” by threatening to cut off funding to institutions that do not provide sufficient education beyond what workers who do not have any education beyond high school possess.
- More details here.
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Funny Friday, part I
Funny Friday, part II (NSFW)
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