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Daily Digest

Daily Digest – January 30. Judge Grants Motion in ‘Original Creditor’ Case; Idaho Legislature Introduces Medical Debt Collection Bill

JUDGE GRANTS MOTION FOR DEFENDANT IN ‘ORIGINAL CREDITOR’ FDCPA CASE A District Court judge in Washington has granted a defendant’s motion for judgment on the pleadings after it was sued in a class action for violating the Fair Debt Collection Practices Act because it allegedly did not reference the name …

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Daily Digest – January 29. U.S. Goes After Telecom Companies for Aiding Robocall Scammers; Changes to Credit Score Model Could be New Tool for Collectors

U.S. GOES AFTER TELECOM COMPANIES FOR AIDING ROBOCALL SCAMMERS For the first time, the U.S. government has filed lawsuits against alleged perpetrators of robocalls, seeking restraining orders to stop them from facilitating more fraudulent phone calls. APPEALS COURT AFFIRMS DISMISSAL OF FCRA CLAIMS FROM BOTH PLAINTIFF & DEFENDANT The Court …

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Daily Digest – January 27. CFPB Issues Policy Statement on What Constitutes ‘Abusive’ Practice; Appeals Court Vacates Arbitration Award

CFPB ISSUES POLICY STATEMENT ON WHAT CONSTITUTES ‘ABUSIVE’ PRACTICE The Consumer Financial Protection Bureau on Friday announced a “common-sense framework” for how it will define abusive actions under the Dodd-Frank’s prohibition against Unfair, Deceptive, or Abusive Acts and Practices. APPEALS COURT VACATES ARBITRATION AWARD TO DEAL WITH STANDING The Court …

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Daily Digest – January 24. Healthcare Collection Bill Introduced in N.J.; Briefs Filed in Defense of CFPB’s Leadership Structure

BILL INTRODUCED IN N.J. TO RESTRICT HEALTHCARE COLLECTION EFFORTS A bill has been introduced in the New Jersey legislature that would require healthcare facilities to wait until at least 90 days after a patient has been first billed for services and require those facilities to provide specific repayment options before …

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Daily Digest – January 22. Appeals Court Overturns Summary Judgment in FDCPA Case; Appeals Court Rules ‘Time Sensitive Document’ on Envelope Violates FDCPA

APPEALS COURT OVERTURNS SUMMARY JUDGMENT IN FDCPA CASE OVER CREDITOR NAME IN LETTER The Court of Appeals for the Seventh Circuit has reversed a lower court’s summary judgment award in favor of a defendant and instead remanded the case back for summary judgment in favor of a plaintiff who sued …

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Daily Digest – January 21. Defense Did Not Waive Arbitration Rights by Answering Suit; Plaintiff Sues Over Payment Receipt Sent to Someone Else

DEFENSE DID NOT WAIVE ARBITRATION RIGHTS BY ANSWERING FDCPA SUIT, JUDGE SAYS A District Court judge in Illinois has ruled that a group of defendants did not waive their right to compel arbitration because they spent four months defending themselves against a lawsuit that alleged they violated the Fair Debt …

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