Daily Digest

N.M. GOV. SIGNS MEDICAL DEBT COLLECTION BILL INTO LAW Gov. Michelle Lujan Grisham of New Mexico signed 50 bills into law yesterday, including one that aims to protect low-income residents of the state from incurring medical debts by preventing healthcare providers from placing collection accounts or filing lawsuits against certain …

JUDGE GRANTS MTD IN FDCPA CASE OVER SERVICE DURING PANDEMIC A District Court judge in Michigan has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act when the plaintiffs were served with a summons and complaint in a debt collection …

SUPREME COURT ISSUES RULING IN FACEBOOK v. DUGUID The Supreme Court yesterday issued its ruling in Facebook v. Duguid, reversing and remanding the case back to the Ninth Circuit Court of Appeals. The Court, in an unanimous opinion, held that an automated telephone dialing service as defined in the Telephone …

ANSWERING CREDIT REPORTING QUESTIONS ABOUT COVID-19, AUDITS, DATA RELIABILITY The COVID-19 pandemic has definitely made credit reporting a lot more complicated for companies that furnish data to credit reporting agencies. Noting whether an account is current or not, if a collection moratorium has been put in place, or using the …

JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA CASE OVER CALL VOLUME, REVOCATION In a case that was defended by the team at Malone Frost Martin, a District Court judge in California has granted a defendant’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection …

JUDGE GRANTS MTD IN FDCPA CASE OVER COMMUNICATION LANGUAGE If you’re about as old as I am, you may remember the TV show, “Cheers,” specifically mail carrier Cliff Claven, who, in a famous episode, appeared on Jeopardy! and, I won’t spoil it if you haven’t seen it, had one of …

JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA CASE OVER DISMISSED COLLECTION SUIT A District Court judge in Wisconsin has granted a defendant’s motion for judgment on the pleadings after it was sued for allegedly violating the Fair Debt Collection Practices Act because it tried to sue the plaintiff twice for …

GETTING TO KNOW KRISTEN DEFIORE OF GLASSER AND GLASSER Finishing law school and passing the bar is no joke, any attorney will tell you. Doing it while working full time is just showing off. But that accomplishment speaks to the kind of ambition and passion for the law that Kristen …

ANSWERING CREDIT REPORTING QUESTIONS ABOUT SOL, CREDIT REPAIR ORGS, HOW TO REPORT PAID ACCOUNTS The statute of limitations is quite the kettle of fish for companies in the accounts receivable management industry. Determining which particular statute of limitations from which state applies is usually about as straightforward as getting through …

BEDARD: WHAT COLLECTORS MUST DO BEFORE REPORTING UNPAID DEBTS TO COMPLY WITH REGULATION F The Consumer Financial Protection Bureau has used a lot of adjectives so far to detail what debt collectors can not do when trying to recover unpaid debts owed by consumers. Those adjectives include: harassing, oppressive, abusive, …