Daily Digest

JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA CASE OVER MIS-IDENTIFIED CONSUMER An interesting Fair Debt Collection Practices Act case out of Minnesota involving a creditor who mis-spelled a customer’s first and last name incorrectly when placing the account with a law firm for collection, a customer who changed her name …

JUDGE AWARDS PLAINTIFF $70K IN DAMAGES, ATTORNEY’S FEES IN FDCPA CASE A District Court judge in Ohio has awarded a plaintiff more than $70,000 in damages and attorney fees after a default judgment was entered against a defendant in a Fair Debt Collection Practices Act case that accused the defendant …

JUDGE DISMISSES FDCPA CASE FOR LACK OF STANDING Courts within the Seventh Circuit continue to attack the issue of standing in Fair Debt Collection Practices Act cases, this time dismissing a case because a plaintiff was confused about the amount that was owed after receiving a collection letter, because the …

GETTING TO KNOW PAUL LENGYEL OF ONLINE INFORMATION SERVICES Ross and Rachel may have been on a break, but there aren’t any breaks for people like Paul Lengyel these days as the industry preps for the enactment of Regulation F. Thankfully, Paul has three decades of experience to rely on, …

APPEALS COURT UPHOLDS RULING FOR MEDICAL PROVIDER IN FDCPA FALSE NAME CASE The Court of Appeals for the Second Circuit has upheld a summary judgment ruling in favor of a medical provider that was sued for violating the Fair Debt Collection Practices Act because it allegedly attempted to collect a …

CFPB ISSUES FAQS RELATED TO REG F The Consumer Financial Protection Bureau has published a set of “Frequently Asked Questions” or FAQs relative to Regulation F that provide answers to questions about the Limited-Content Message and the call frequency provisions of the debt collection rule. FCC RELEASES PRICING FOR REASSIGNED …

APPEALS COURT RULES AGAINST FEDERAL GOVERNMENT IN FDCPA CASE There are limits to what the Fair Debt Collection Practices Act can be used for, and even the federal government is not immune to learning those lessons. The Court of Appeals for the Second Circuit on Thursday overturned a District Court …

CHOPRA CONFIRMED BY SENATE. NOW THE REAL FUN BEGINS Finally. In what might be one of the longest confirmation timelines ever — at least it felt that way at times — the Senate yesterday confirmed Rohit Chopra to be the next Director of the Consumer Financial Protection Bureau, more than …

GETTING TO KNOW SHAUN ERTISCHEK OF SEQUIUM ASSET SOLUTIONS The ARM industry is all that Shaun Ertischek has known as a lawyer. And it sounds like he wouldn’t want it any other way. Aside from great taste in whom he admires, Shaun doesn’t seem to have minded exchanging the hustle …

JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA CLASS-ACTION OVER 1099C LANGUAGE IN LETTER In a case that was defended by Rick Perr of Kaufman Dolowich & Voluck, a District Court judge in New Jersey has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class-action …