Collector Facing FDCPA Suit For Sending Emails to Collect on Paid-Off Debt
- I will say at the outset that I get the Fair Debt Collection Practices Act is a strict liability statute — meaning a violation is a violation whether the defendant intended to do whatever it did or not — but this, to me, seemed like a case that never had to get this far, which is a fairly common statement when reviewing complaints. A plaintiff is suing a collector for violating the FDCPA because it sent five emails over a five-week span attempting to collect on a debt that the plaintiff says was paid in full. Did the plaintiff do anything about it? Did he call the defendant to work it out? You can probably guess the answer.
- More details here
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Judge Grants MTD in FDCPA Case Over Potentially Incorrect Balance in Underlying Collection Suit
- A District Court judge in New York has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action lawsuit on the grounds the plaintiff did not suffer a concrete injury and thus does not have standing to sue, after she was sued in state court for an unpaid debt that she claimed was the incorrect balance.
- More details here
PRA Group Posts Loss for 4Q, 2023, But CEO Highlights Changes That Are Turning Company Around
- PRA Group purchased more than $1.2 billion of debts in 2023 — it’s third-highest annual total ever — but still lost $8.8 million during the last three months of the year, compared with profit of $15.9 million during the same period of 2022. For all of 2023, the company recorded a loss of $83.4 million, compared with net income of $117.1 million a year earlier. During a conference call with analysts yesterday after releasing its financials, the senior leadership of the company discussed the state of its financial turnaround and shared some of the initiatives it has in store for 2024.
- More details here.
FCC Adopts New Rules for Revoking Consent Under TCPA
- The Federal Communications Commission yesterday adopted new rules yesterday that aim to make it easier for consumers to opt out of receiving unwanted robocalls and robotexts, while also requiring callers and texters to implement opt-out requests in a timely manner.
- More details here
WORTH NOTING: A tattoo artist provides some advice to anyone thinking of getting inked … If learning a new language is on your bucket list, here are some of the easiest ones to master for people who already speak English … Initial data about the size of income tax refunds is that they are down from last year … A burnout detector to reveal which employees are most likely to hit a wall … How passengers are finding new and not necessarily ethical ways to get on planes faster … Why working from home might be getting riskier … ChatGPT vs. Gemini — which is right for you? … Busting 15 different lazy sleep myths.
Funny Friday, part I
Funny Friday, part II
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