Daily Digest

JUDGE DENIES MTD IN CASE OVER WHERE GARNISHMENT ACTION WAS FILED A District Court judge in Oregon has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act over whether filing a garnishment notice is a legal action against a consumer …

GETTING TO KNOW JENNIFER HORVATH OF AARGON AGENCY In describing one of her greatest skills, Jennifer Horvath also did a pretty good job explaining the collections industry — it’s about de-escalation. She also has a dream story for any job candidate — being hired on the spot. Read on to …

APPEALS COURT APPLIES LEAST SOPHISTICATED CONSUMER STANDARD TO FDCPA’S FALSE-NAME EXCEPTION The Eleventh Circuit Court of Appeals has upheld a lower court’s dismissal of the counts of a lawsuit that alleged a financial services organization violated the Fair Debt Collection Practices Act by reporting a debt to a credit bureau …

JUDGE LOWERS ATTORNEY FEE AWARD IN FDCPA CASE BY 27% A District Court judge in Connecticut has reduced the amount to be awarded in attorney’s fees by 27% to a plaintiff who won a Fair Debt Collection Practices Act lawsuit against a collection law firm that listed two different amounts …

APPEALS COURT OVERTURNS DISMISSAL OF FDCPA SUIT INVOLVING 1099C DISCLOSURE The Court of Appeals for the Seventh Circuit has overturned a lower court’s dismissal of a lawsuit in which a defendant was accused of violating the Fair Debt Collection Practices Act because it included a disclosure about a the creditor …

JUDGE GRANTS MSJ, DENIES CLASS CERTIFICATION IN FDCPA CASE OVER LETTER REFERENCING IRS CANCELLATION A District Court judge in Wisconsin has denied class certification and granted summary judgment in favor of a defendant that was accused of violating the Fair Debt Collection Practices Act by including a reference to the …

GETTING TO KNOW PORTER HEATH MORGAN There is so much great information to unpack in this installment of the “Getting to Know” profile. For example, did you know that Porter Heath Morgan’s great-great-grandfather helped create the Federal Trade Commission? This fascinating pieces of information are the reason this series was …

JUDGE GRANTS MOTION FOR JUDGMENT IN FDCPA CASE OVER CREDITOR IDENTIFICATION IN LETTER A District Court judge in Indiana has granted a defendant’s motion for judgment on the pleadings after it was sued for violating the Fair Debt Collection Practices Act because it did not adequately identify the name of …

CFPB DROPS CASE AGAINST COLLECTION LAW FIRM On the eve of a court-ordered deadline to respond to a defendant’s motion to dismiss, the Consumer Financial Protection Bureau has abandoned its effort to enforce a Civil Investigative Demand against the Law Office of Crystal Moroney, a collection law firm, potentially marking …

JUDGE GRANTS MTD IN FDCPA CASE OVER LETTER SENT AFTER CEASE AND DESIST WAS COMMUNICATED A District Court judge in Alabama has granted a defendant’s motion to dismiss after the plaintiff could not remember if she sent a cease and desist letter to the defendant or the original creditor, and …