Daily Digest

GETTING TO KNOW KELLI EDMONDS OF KOTA BUSINESS SOLUTIONS After a 35-year career in the industry, Kelli Edmonds took the bold step earlier this year to hang out her own shingle and start her own business. When you have the depth and breadth of experience that Kelli has, though, sharing …

APPEALS COURT UPHOLDS DISMISSAL OF FDCPA SUIT WHILE TACKLING ISSUES WITH ‘LEAST SOPHISTICATED CONSUMER’ STANDARD The Court of Appeals for the Tenth Circuit has upheld the dismissal of a Fair Debt Collection Practices Act case, ruling that an alleged false or misleading communication must be material in order to be …

PLAINTIFF SUES COLLECTOR OVER PAYMENT METHOD REQUIREMENT, LACK OF EMAIL OPT-OUT A collection agency has been sued for violating Regulation F and the Fair Debt Collection Practices Act because it said in a collection letter that it would accept multiple forms of payment, but when the plaintiff sought to make …

FDCPA CLASS ACTION FILED OVER ALLEGED INTEREST DISCREPANCY IN MVN A class-action lawsuit has been filed in federal court in New York accusing a collector of violating Regulation F and the Fair Debt Collection Practices Act because the itemization of the debt in the Model Validation Notice did not match …

GETTING TO KNOW MARK REINHARD OF CONCEPTS2CODE My kids loved the movie, “Robots.” While the movie is about chasing your dreams, no matter how big or far away they might be, there is a line from that movie that I will always remember — “See a need, fill a need.” …

JUDGE DISMISSES CASE CLAIMING REG F VIOLATION FOR LACK OF STANDING In a case involving a claim that a defendant violated one of the provisions of Regulation F, a District Court judge in New York has dismissed a Fair Debt Collection Practices Act case, ruling the plaintiff lacked standing to …

CLASS-ACTION ACCUSES COLLECTOR OF VIOLATING FDCPA THROUGH DISCOUNT LANGUAGE IN LETTER A class-action complaint has been filed against a debt collector for allegedly violating the Fair Debt Collection Practices Act because of the language it used in a letter offering the plaintiff opportunities to repay the debt by making less …

COMPLAINT ACCUSES COLLECTOR OF INCORRECTLY NOTING ACCOUNT WAS DISPUTED A complaint has been filed in federal court in the District Court for the Eastern District of California, accusing a collector of violating the Fair Debt Collection Practices Act by allegedly incorrectly marking an account as disputed after receiving a letter …

GETTING TO KNOW MONICA LITTMAN OF KAUFMAN, DOLOWICH & VOLUCK Should it come as a surprise that an attorney representing companies in the accounts receivable management industry has a deep love for the game of tennis? The back-and-forth nature of the sport aligns well with the strategies and skillset needed …

JUDGE PARTIALLY GRANTS DEFENDANT’S MSJ IN FDCPA CASE OVER LOCATION INFORMATION CALLS A District Court judge in New York has partially granted a defendant’s motion for summary judgment, denied the plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case involving a pair of location information calls …