Daily Digest

W.V. AG SUES COLLECTOR FOR BREAKING TERMS OF SETTLEMENT, SEEKS SHUTDOWN AND FINE The Attorney General of West Virginia has filed a lawsuit in state court seeking to fine a New York collection agency for operating in the state without a license as well as ban the company from collecting …

GETTING TO KNOW SCOTT MORRIS OF TROMBERG, MORRIS & POULIN The calm inside the storm. Those are the type of people you want to be around. And Scott Morris is proof of that. The people, who, when things are at their craziest, they know exactly what to do and how …

BEDARD CONTINUES BREAKDOWN OF MODEL VALIDATION NOTICE One of the most common questions that has been asked about collectors using the Model Validation Notice put forth by the Consumer Financial Protection Bureau in Regulation F is, “Can we make any changes to it?” Collectors have asked about adding additional pieces …

JUDGE DISMISSES FDCPA SUIT FOR LACK OF SUBJECT MATTER JURISDICTION A District Court judge in Indiana has dismissed a Fair Debt Collection Practices Act case for lack of subject-matter jurisdiction, ruling the plaintiff lacked standing on any of the claims he made because he did not allege sufficient concrete injuries …

APPEALS COURT OVERTURNS SANCTIONS RULING AGAINST PLAINTIFF’S ATTORNEYS The Court of Appeals for the Eleventh Circuit has vacated an order imposing sanctions on a pair of plaintiff’s attorneys because the individual they were representing failed to show for a scheduled mediation session in a Fair Debt Collection Practices Act case …

JUDGE GRANTS MTD IN FDCPA CASE OVER ALLEGEDLY INSUFFICIENT VALIDATION INFORMATION There is no doubt that consumers are often confused by the information that is sent to them by debt collectors. It is the very reason why courts have instituted the least sophisticated consumer standard, a lens through which judges …

GETTING TO KNOW TRACE DILLON OF GULF COAST COLLECTION BUREAU Compliance flows through the blood of Trace Dillon. Even if he wasn’t working in the accounts receivable management industry, he still would likely be working to make sure someone wasn’t running afoul of any laws. Trace is also one of …

COLLECTORS SHARE TIPS TO HELP ESTABLISH CONNECTIONS WITH CONSUMERS Conversations between collectors and consumers are like snowflakes, in that each of them are unique and one-of-a-kind in their own way. Consumers can be hostile, skittish, uncertain, embarrassed, aggressive, confused, or some combination of any or all of those emotions. Making …

JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA CASE OVER MISSTATED DEBT AMOUNT IN LETTER After defaulting on a credit card debt, having a judgment issued against you, and then receiving four more collection letters seeking to collect on a debt, is there anyone who thinks that the next letter is …

JUDGE GRANTS MSJ FOR DEFENSE IN FDCPA CASE OVER WEBSITE DISCLOSURE Sometimes, collectors will use a broad brush and expansive statements to try and cover as much ground as possible when letting consumers know about the rules and regulations related to collecting on unpaid debts. Those statements do not specifically …