The Court of Appeals for the Third Circuit has upheld a lower court’s dismissal of a class action alleging a defendant violated state law in New Jersey by attempting to collect on a debt after it had issued a 1099-C notice to the plaintiff to cover the amount of the …
Read More »Debt Collection, Credit Reporting Key Areas of CFPB Report on Issues for Servicmembers and Their Families
Issues with billing inaccuracies and “aggressive” tactics used by debt collectors to recover “allegedly unpaid” medical debts received top billing in a press release yesterday that was issued by the Consumer Financial Protection Bureau announcing that it had published its annual report on the top financial concerns facing servicemembers and …
Read More »Bill Introduced in House to Allow Kids to Take Over PLUS Loans From Parents
A bill has been introduced in the House of Representatives that would allow students to take over debts that were incurred on their behalf under the Parents PLUS loan program. A copy of H.R.7982, the Parent PLUS Loan Fairness and Responsibility Act, can be accessed by clicking here. Under the …
Read More »Judge Denies MTD in Hunstein Copycat Case
A District Court judge in Washington has denied a defendant’s motion to dismiss after it was sued for allegedly communicating information about a debt with an unauthorized third party that printed and mailed a collection letter to the plaintiff, ruling that the language of the Fair Debt Collection Practices Act …
Read More »Class-Action Filed Against Collector For Allegedly Ignoring Validation Request
A class-action complaint has been filed in federal court in Massachusetts, accusing a company of violating the Fair Debt Collection Practices Act by not responding to a dispute request that was submitted by an individual after receiving a collection letter from the defendant. A copy of the complaint in the …
Read More »Appeals Court Rules Sending Text Messages Confers Consent to be Contacted
The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling that an individual’s text messages sent to a financial institution constitute providing expressed consent to be contacted on a mobile phone via an automated telephone dialing system under the Telephone Consumer Protection Act, but that the …
Read More »Judge Grants MTD in FDCPA Case Over Assigned Claim
A District Court judge in Oklahoma has dismissed another complaint filed by an individual attempting to claim that an alleged violation of the Fair Debt Collection Practices Act that occurred against someone had been assigned to the individual, ruling that tort claims — which include FDCPA violations — are not …
Read More »Compliance Digest – June 13
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Read More »CFPB Goes After Scammer Who Took Money From Consumers Scammed By Someone Else
If you are going to scam consumers, why go to the hassle of trying to find new ones? Why not just scam people who have already been scammed? That appears to be what Frank Gebase did, and it resulted in a lawsuit being filed against him and the company he …
Read More »CFPB Opens Inquiry Into Employer-Driven Debt
The Consumer Financial Protection Bureau yesterday announced it has opened an inquiry and is soliciting information from the public regarding debts that are owed by employees to their employers, often through requirements that employees pay for equipment, training, or other supplies. A copy of the announcement can be accessed by …
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