Daily Digest

EDPA JUDGE PARTIALLY DENIES MTD IN FCRA CASE A District Court judge in Pennsylvania has become the latest to tackle the issue of whether a plaintiff has standing to sue when claiming certain violations of the Fair Credit Reporting Act, partially denying the defendant’s motion to dismiss in a class-action …

EDNY JUDGE GRANTS MTD IN FDCPA LETTER CASE A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for violating a number of provisions of the Fair Debt Collection Practices Act, such as including multiple addresses in a collection letter and because …

OCC ISSUES PROPOSED RULE TO OFFICIALLY END OPERATION CHOKE POINT Without ever mentioning its name, the Office of the Comptroller of the Currency on Friday issued a proposed rule that would put an end to Operation Choke Point by calling on banks to ensure provide access to services and capital …

JUDGE CITES ‘LIMITED SUCCESS’ IN FDCPA CASE IN REDUCING PLAINTIFF’S ATTORNEY’S FEES BY 50% A District Court judge in Wisconsin has lowered the attorney’s fees awarded to counsel representing a plaintiff in a Fair Debt Collection Practices Act case by 50%, ruling that their “limited success” in the case merited …

GETTING TO KNOW DAN MEDINA OF GULF COAST COLLECTION BUREAU How many times have you heard, “Never show someone you can do something because then you’ll be asked to do it all the time”? Dan Medina is proof that you shouldn’t believe that for a second. Because without demonstrating a …

JUDGE GRANTS MOTION FOR DEFENDANT IN FDCPA LETTER CASE, DENIES MOTION FOR ATTORNEY’S FEES A District Court judge in New York has granted a defendant’s motion for judgment on the pleadings, but denied its motion for defense fees under the Fair Debt Collection Practices Act’s fee-shifting provision, after it was …

JUDGE GRANTS MTD IN FDCPA HARASSMENT CASE A District Court judge in Georgia has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act, ruling that the plaintiff failed to state a claim because she forgot one of the most important …

COLLECTOR FILES MOTION TO HAVE PLAINTIFF’S ATTORNEY DISQUALIFIED A company being sued for allegedly violating the Fair Debt Collection Practices Act has filed a motion seeking to have the plaintiff’s counsel disqualified and to have attorney’s fees awarded, accusing the counsel of contacting the company directly and asking questions about …

COLLECTOR TO PAY $500k TO SETTLE CFPB CREDIT REPORTING CLAIMS The Consumer Financial Protection Bureau yesterday announced a settlement with a debt collector after it was accused of a number of violations of the Fair Credit Reporting Act. The collector, Afni, Inc., will pay a $500,00 fine and agreed to …

GETTING TO KNOW DAVID SCHULTZ OF HINSHAW CULBERTSON David Schultz was born to be a lawyer and even if given the chance to choose a different career, he can’t see himself wanting to do anything else. That likely explains his illustrious career representing companies in the accounts receivable management industry …