Daily Digest

JUDGE GRANTS MOTIONS TO COMPEL, DISMISS IN FDCPA, TCPA CLASS ACTION A District Court judge in California has granted a defendant’s motion to dismiss with prejudice and motion compel arbitration in a class-action case alleging violations of the Fair Debt Collection Practices Act and Telephone Consumer Protection Act over an …

JUDGE AWARDS $62K IN EMOTIONAL DAMAGES TO PLAINTIFFS IN FDCPA CASE A District Court judge in Washington has awarded two plaintiffs more than $60,000 in emotional damages in a bench trial after suing a collector for allegedly violating the Fair Debt Collection Practices Act because the defendant attempted to collect …

JUDGE GRANTS MTD IN FDCPA CASE OVER ALLEGED THIRD-PARTY DISCLOSURE Who else but the recipient of a collection letter and the mail carrier who delivered it would have access to that letter to see a mini-Miranda statement that had bled through an envelope, asked a District Court judge in Illinois …

GETTING TO KNOW CATHERINE CALKO OF SPRING OAKS CAPITAL Catherine Calko loves the classics. And that love extends to her work and career in the accounts receivable management industry. What she loves so much about working in this industry — collaboration and collective problem solving — is something she practices …

BEDARD BREAKS DOWN CATEGORIES OF VALIDATION INFORMATION Once Regulation F goes into effect, collectors are going to have to make substantial changes to the validation notices they are sending out to consumers. Whether collectors choose to use the rule’s Model Validation Notice or continue using their own format of collection …

JUDGE GRANTS MTD IN FDCPA CASE OVER ATTORNEY’S FEES Being confused about whether he owed attorney’s fees and hiring his own lawyer is not enough for a plaintiff to have standing to pursue a Fair Debt Collection Practices Act case, a District Court judge in Illinois has ruled, granting the …

CFPB PUBLISHES RULEMAKING AGENDA; DECISION ON DEBT COLLECTION RULE DELAY EXPECTED THIS MONTH The Consumer Financial Protection Bureau has apparently dropped a plan that was initiated under its former leadership to create a rule that defines “abusive” conduct under the unfair, deceptive, and abusive acts or practices, known as UDAAP, …

JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA CASE OVER COLLECTION LETTER A District Court judge in New York has granted a defendant’s motion for summary judgment after it was sued for a laundry list of alleged violations of the Fair Debt Collection Practices Act in a letter that was sent …

GETTING TO KNOW DIANN JENKINS OF CREDIT BUREAU OF JONESBORO There is no doubt that new ways of doing business are revolutionizing the accounts receivable management industry. But it is important to remember that the old ways of doing business worked pretty well, too. Take, for example, the best piece …

COLLECTOR TO PAY MORE THAN $900K IN RESTITUTION, FINES AFTER BEING SUED BY WASHINGTON AG The Attorney General of Washington yesterday announced an enforcement action against a collection agency for alleged unlawful debt collection practices, including assessing fees and costs to individuals without not collecting any money from them, operating …