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Daily Digest – November 13. Appeals Court Applies LCS Standard to FDCPA’s False Name Exception; NCLC Publishes Report, Creates Model Language to Update Exemption Laws

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 …

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Daily Digest – November 12. Judge Lowers Attorney Fee Award in FDCPA Case by 27%; Lots of Questions, Hardship Tales, But Few Answers About Growing Number of Medical Debts

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 …

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Daily Digest – November 11. Appeals Court Overturns Dismissal of FDCPA Suit Over 1099C Disclosure; Bill Introduced to Amend FDCPA’s Definition of Debt Collector

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 …

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Daily Digest – November 8. Judge Grants MSJ, Denies Class Certification in FDCPA Case Over Letter Referencing IRS Cancellation

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 …

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Daily Digest – November 7. Getting to Know Porter Heath Morgan; Judge Grants MSJ For Defense in Convenience Fee Case

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 …

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Daily Digest – November 6. Judge Grants Motion in FDCPA Case Over Creditor ID in Letter; Appeals Court Rules Upholds Ruling for Defendant

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 …

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Daily Digest – November 5. CFPB Drops Case Against Collection Law Firm; Appeals Court Affirms Ruling in FDCPA Case over Static Balance of Debt

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 …

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