Daily Digest

JUDGE GRANTS MTD IN FDCPA CASE OVER SETTLEMENT OFFER IN LETTER A District Court judge in Pennsylvania has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because settlement offers mentioned in an initial collection notice allegedly violated the 30-day dispute …

GETTING TO KNOW AMY KENNEDY OF THE INTELITECH GROUP If you’re lucky, you have someone in your life who sees things through a different perspective, who always seems to know the right question to ask at the right time, which helps you put a situation into perspective and allows you …

APPEALS COURT UPHOLDS RULING IN FAVOR OF CALL CENTER IN AGE DISCRIMINATION CASE The Court of Appeals for the Fifth Circuit has upheld a lower court’s summary judgment ruling in favor of a defendant that was sued for violating the Age Discrimination in Employment Act and state law in Texas …

APPEALS COURT REVIVES FCRA CASE OVER REASONABLE INVESTIGATION THRESHOLD The Court of Appeals for the Ninth Circuit yesterday reversed a lower court’s summary judgment ruling in favor of a defendant sued for violating the Fair Credit Reporting Act, determining that the “reasonable investigation” it conducted when the plaintiff disputed the …

JUDGE GRANTS MOTION FOR DEFENSE IN FDCPA CASE INVOLVING ASSIGNED CLAIM There isn’t much to the ruling in this case, but it does involve a trend that I have been hearing more of in recent months, so I wanted to highlight this in case you haven’t seen it, or have …

PANEL ASSESSES IMPACT OF INFLATION AND RECESSION ON ARM INDUSTRY There’s beauty in finding connections that you didn’t know existed. There is the chaos theory analogy, for example, of a butterfly flapping its wings in Central Park, which is why it starts raining across the world in China. You never …

GETTING TO KNOW TODD SANTA MARIA OF VOAPPS DIRECTDROP VOICEMAIL Aside from his questionable taste in whom he admires, everything about Todd Santa Maria shows you how much he cares for the accounts receivable management industry, and those who work in it. It sounds trite when someone is called a …

JUDGE DENIES MOTION TO REMAND FDCPA CASE BACK TO STATE COURT; GRANTS MTD A District Court judge has denied a plaintiff’s motion to remand a Fair Debt Collection Practices Act case back to state court while also granting the defendant’s motion to dismiss, ruling that the plaintiff had standing to …

JUDGE AWARDS PLAINTIFF’S COUNSEL $206K IN FCRA CASE A District Court judge has partially lowered the attorney’s fees in a Fair Credit Reporting Act case, but only by 10%, which kept the total award to more than $206,000, $70,000 more than what the defendant sought to pay. COMPLAINT ACCUSES COLLECTOR …

JUDGE RULES DEBT NOT FOR PERSONAL USE IN FDCPA CASE I don’t know about you, but with all the times that I have purchased real estate — one, to be exact — I remembered whether I was at the closing or whether I had someone attend for me, and whether …