Daily Digest

GETTING TO KNOW PAUL LANKES OF WILLIAMS & FUDGE Like many who have been profiled through the years, Paul Lankes got his start in the collection business on the ground floor and without expecting to spend his professional career in the industry. Paul sees the industry for what it is …

CFPB REVERSES STANCE, NOW AGREES LEADERSHIP STRUCTURE IS UNCONSTITUTIONAL The Consumer Financial Protection Bureau yesterday admitted that its leadership structure is unconstitutional, agreeing with a law firm suing the agency that the Supreme Court should hear arguments on the topic. AGENCY EXECUTIVES SHARE TIPS TO HELP HIRE THE BEST COLLECTORS …

$11M SETTLEMENT IN TCPA CASE AGAINST LEXINGTON LAW RECEIVES PRELIMINARY APPROVAL An $11 million settlement has been preliminarily approved by a District Court judge in Florida related to a Telephone Consumer Protection Act case that was brought against John C. Heath Attorney At Law, PLLC, more commonly known as Lexington …

JUDGE CERTIFIES CLASS IN FDCPA SUIT OVER USE OF DEPOSITIONS IN POST-JUDGMENT COLLECTIONS A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss and granted a motion to certify a class in a case in which the defendant is accused of violating the Fair Debt Collection Practices …

MSJ DENIED IN FDCPA CASE OVER FALSE NAME EXEMPTION A Magistrate judge in Florida has denied motions for summary judgment from both the plaintiff and the defendant in a case where the defendant — a hospital — is accused of violating the Fair Debt Collection Practices Act by using the …

GETTING TO KNOW CHRIS TAYLOR OF NATIONAL ENTERPRISE SYSTEMS It is always somewhat satisfying to see someone who feels so truly comfortable in his or her career that they would never think of wanting to do anything else, even if the sky was the limit. It’s like seeing an actor …

JUDGE GRANTS MTD IN FDCPA CASE OVER MISSTATED AMOUNTS IN BK PROOF OF CLAIM A District Court judge in Minnesota has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act by allegedly misstating the amount of interest and fees when filing …

JUDGE GRANTS MTD IN FDCPA CASE OVER CREDIT OFFER IN LETTER A collection agency has been granted a motion to dismiss by a District Court judge in Illinois after it was sued for allegedly violating the Fair Debt Collection Practices Act by including language in a collection letter that was …

JUDGE GRANTS MSJ FOR DEFENSE IN FDCPA CASE BECAUSE LETTER DID NOT INCLUDE ADDITIONAL, UNNEEDED DISCLOSURES Acknowledging that a collection letter only has to be correct at the time it was sent and not include “extra assurance” that what is in the letter will not change in the future, a …

PLAINTIFF SEEKING $700k IN DAMAGES FOR RECEIVING 343 COLLECTION CALLS ON HIS CELL PHONE AFTER REVOKING CONSENT A Pennsylvania man has filed a lawsuit alleging he received 343 debt collection calls on his cell phone after he revoked his consent to be contacted, accusing the defendant of willfully violating the …