Daily Digest

JUDGE GRANTS MOTION TO REMAND FDCPA CASE BACK TO STATE COURT A District Court judge in Wisconsin has granted a plaintiff’s motion to remand a case back to state court after agreeing that she lacked standing to sue in federal court, a point that was brought up by the defendant, …

FDCPA CLASS-ACTION FILED AGAINST DEBT BUYER, COLLECTOR A class-action lawsuit has been filed in federal court in New Jersey, alleging that a debt buyer and the collector it hired allegedly violated the Fair Debt Collection Practices Act because it sent a collection letter to an individual without the debt buyer …

GETTING TO KNOW ANDREW SCHWARTZ OF GORDON & REES You have to love a lawyer who brings his own eggs into work in the morning before defending the industry before a federal judge. Andrew Schwartz may be known for helping overturn the written dispute requirement within the Third Circuit Court …

JUDGE DENIES MOTION TO CERTIFY CLASS IN FDCPA SOL SUIT A District Court judge in Delaware has denied a motion to certify a class in a lawsuit that alleged a collector violated the Fair Debt Collection Practices Act by falsely representing the legal status of a debt when it sent …

JUDGE GRANTS MSJ FOR DEFENSE AGAINST 31 OF 32 PLAINTIFFS IN FDCPA CASE A District Court judge in Indiana has largely granted summary judgment in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it allegedly contacting individuals who indicated they were represented …

APPEALS COURT UPHOLDS DISMISSAL OF FDCPA THIRD-PARTY DISCLOSURE CASE Even though its representative may not have followed the exact protocols for placing a location information call, the Fifth Circuit Court of Appeals has upheld the dismissal of a Fair Debt Collection Practices Act case against a collection agency because the …

GETTING TO KNOW MATT INSCORE OF CSO FINANCIAL Family history may have predestined Matt Inscore for a career in the ARM industry, but to his credit, he hasn’t accepted his fate as a burden. Rather, his enthusiasm for helping support co-workers and colleagues he has been around so long that …

BILL INTRODUCED IN SENATE TO BAN ‘EXTRAORDINARY’ COLLECTION ACTIONS OF MEDICAL DEBT A bill has been reintroduced in the Senate that would prohibit healthcare providers and their agents from engaging in “extraordinary collection actions” until the COVID-19 pandemic is over or 18 months after the law is enacted. JUDGE DENIES …

BEDARD DISCUSSES EXCEPTIONS TO CEASE COMMUNICATION REQUESTS When it released its debt collection rule, the Consumer Financial Protection Bureau did not make a lot of changes to how the Fair Debt Collection Practices Act restricts the use of harassing, oppressive, and abusive behavior, but it did make some subtle changes, …

DEFENDANTS ASK JUDGE TO RECONSIDER DENYING MTD CLAIM IN FDCPA SUIT The defendants in a class-action Fair Debt Collection Practices Act overshadowing case have asked a District Court judge to reconsider her partial denial of a motion to dismiss, after the judge granted the motion on two of the three …