Daily Digest

JUDGE PARTIALLY GRANTS MSJ FOR DEFENSE IN TCPA CASE, BUT LEAVES DOOR OPEN ON CONSENT A District Court judge in New York has partially granted a defendant’s motion for summary judgment in a Telephone Consumer Protection Act and denied the plaintiff’s motion, in a case that illustrates possessing an individual’s …

COLLECTOR SUED FOR RESPONDING TO ALLEGED REFUSAL TO PAY WITH VERIFICATION LETTER There are a number of circumstances under which I will choose to spotlight a complaint. Today’s complaint is an example of the dilemma that many collectors face — does a consumer’s declaration that he or she refuses to …

APPEALS COURT AFFIRMS MSJ FOR DEFENDANT IN FDCPA CASE BECAUSE DEBT WAS NOT IN DEFAULT The Court of Appeals for the Sixth Circuit has, for the second time, ruled in favor of a defendant sued for allegedly violating the Fair Debt Collection Practices Act, this time determining that the defendant …

GETTING TO KNOW LINDA DAMERON OF CROWN ASSET MANAGEMENT “Practice makes progress” isn’t just the best advice that Linda Dameron has ever received; it is the mantra that has helped propel her to four promotions in 12 years at Crown Asset Management. And she’s nowhere near being done yet. Then …

JUDGE DENIES MTD IN FCRA CASE OVER CANCELED DEBT A District Court judge in Louisiana has denied a motion to dismiss filed by two defendants sued for allegedly violating the Fair Credit Reporting Act, ruling that the plaintiff has sufficiently alleged that one of the defendants willfully violated the relevant …

COLLECTOR FACING CLASS ACTION FOR OVERSHADOWING VALIDATION NOTICE WITH SETTLEMENT OFFER A collection operation is facing a class-action lawsuit in federal court for allegedly violating the Fair Debt Collection Practices Act by sending the plaintiff a letter that offered to settle the debt for less than the full balance, but …

APPEALS COURT AFFIRMS RULING FOR DEFENSE IN FCRA CLASS ACTION The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling in a Fair Credit Reporting Act class action, determining that the defendant’s decision to access the plaintiff’s credit report in order to obtain a mailing address …

FDCPA CLASS ACTION FILED OVER WHETHER ATTORNEY WAS ACTING AS COLLECTOR Having read a fair number of complaints invoking allegations of the Fair Debt Collection Practices Act, there are a lot of similar points in the collection process where a plaintiff feels that he or she has been wronged. This, …

GETTING TO KNOW DENNIS BENNETT OF PROFESSIONAL ACCOUNT SERVICES It didn’t take long for Dennis Bennett to know he had found a home in the ARM industry once he started working at a collection agency. Thirty-five years later, he is a respected leader and someone that many in the industry …

APPEALS COURT OVERTURNS DISMISSAL OF FDCPA CLASS-ACTION, LEAVES SAME CASE BEFORE TWO DIFFERENT JUDGES It definitely seems like more of an “inside baseball” type of ruling, but the Court of Appeals for the Sixth Circuit has overturned the dismissal of a Fair Debt Collection Practices Act case — in which …