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JUDGE PARTIALLY GRANTS MSJ FOR DEFENSE IN TCPA CASE, BUT LEAVES DOOR OPEN ON CONSENT A District Court judge in New York has partially granted a defendant’s motion for summary judgment in a Telephone Consumer Protection Act and denied the plaintiff’s motion, in a case that illustrates possessing an individual’s …

The fact that more Americans are living paycheck-to-paycheck these days has them focusing more on taking care of their short-term financial needs rather than doing more planning for the future, according to the results of a nationwide survey. Nearly 80% of those who participated in the survey said they would …

A Magistrate Court judge in New York has ordered the defendant in a Fair Debt Collection Practices Act class action case to pay $44,895 in attorney’s fees to the plaintiffs for waiting six months to disclose that one of its employees — that the plaintiffs were seeking to depose — …

A District Court judge in New York has partially granted a defendant’s motion for summary judgment in a Telephone Consumer Protection Act and denied the plaintiff’s motion, in a case that illustrates possessing an individual’s cell phone number is not guaranteed to prove consent to contact that number. A copy …

During this, The Great Resignation Era, I thought it would be helpful to start a regular posting of different jobs within the accounts receivable management industry that I have found online. Please make sure to do your own due diligence before applying for a position included here or accepting any …

COLLECTOR SUED FOR RESPONDING TO ALLEGED REFUSAL TO PAY WITH VERIFICATION LETTER There are a number of circumstances under which I will choose to spotlight a complaint. Today’s complaint is an example of the dilemma that many collectors face — does a consumer’s declaration that he or she refuses to …

A District Court judge in California has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act by sending a verification letter after the plaintiff send the creditor a refusal to pay statement. A copy of the ruling in the case of …

Less than a week after being penalized $24 million by the Consumer Financial Protection Bureau, PRA Group announced last night that it was replacing Kevin Stevenson, the co-founder of the company, with Vikram Atal, who will be the company’s new president and chief executive. Stevenson had served as president and …

A law firm that represents hospitals and healthcare organizations in litigation will pay $200,000 in an enforcement action with the Attorney General of New York after being accused of maintaining “poor data security measures” that resulted in a data breach which compromised the personal information of 114,000 patients of the …

EDITOR’S NOTE: This article is part of a series that is sponsored by WebRecon. WebRecon identifies serial plaintiffs lurking in your database BEFORE you contact them and expose yourself to a likely lawsuit. Protect your company from as many as one in three new consumer lawsuits by scrubbing your consumers through WebRecon …

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 …

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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 …

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 …

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 …