JUDGE GRANTS MTD IN FDCPA CASE OVER CALLS MADE POST-BK FILING A District Court judge in Illinois has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing to sue after being called three times by the defendant following the plaintiff …
Read More »Daily Digest – July 25. Judge Invokes Hunstein Rulings in Dismissing FCRA Case; Appeals Court Partially Overturns Ruling in ADA, FMLA Case
JUDGE INVOKES HUNSTEIN RULINGS IN DISMISSING FCRA CASE FOR LACK OF STANDING A District Court judge in New York has dismissed a plaintiff’s Fair Credit Reporting Act case, ruling he lacks standing to sue because his claims that factually inaccurate information about his credit report were disseminated to a third …
Read More »Daily Digest – July 22. Judge Denies Defendant’s MSJ in FDCPA Case; Collector Facing Reg F Class-Action
JUDGE DENIES DEFENDANT’S MSJ, PARTIALLY GRANTS PLAINTIFF’S MOTION IN FDCPA CASE A District Court judge in California has partially granted a plaintiff’s motion for summary judgment while denying a defendant’s motion in a Fair Debt Collection Practices Act case, ruling that the defendant violated its discovery obligations by not providing …
Read More »Daily Digest – July 21. Getting to Know Larry Baker of RGS Financial; ACA’s Convention Kicks Off
GETTING TO KNOW LARRY BAKER OF RGS FINANCIAL The accounts receivable management industry is full of people who found a home once they started working in it. More than a home, really. A purpose. Larry Baker is one of those types of people. Someone who may have been able to …
Read More »Daily Digest – July 20. Industry Starts Writing New Chapter at ACA Convention; Judge Partially Grants MSJ for Plaintiff in FDCPA Case
INDUSTRY STARTS WRITING NEW CHAPTER AT ACA CONVENTION ORLANDO — Welcome to Orlando, home of Mickey Mouse, the Minions, and, for the next three days, hundreds of sun-kissed and glistening debt collectors attending ACA International’s annual Convention. Swapping the dry heat of Las Vegas for the humidity of Orlando, much …
Read More »Daily Digest – July 19. Class Action Accuses Collector of Violating FDCPA; State Honors Tom Haag
CLASS-ACTION ACCUSES COLLECTOR OF VIOLATING FDCPA, FCCPA BY ADDING ‘ILLEGAL’ COLLECTION FEE A class-action lawsuit has been filed against a collection agency, accusing it of violating the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act because it allegedly added an “illegal” collection fee that represented 67% …
Read More »Daily Digest – July 18. Judge Grants MTD in FDCPA Class Action; DFPI Invites Comments on Collector Licensing Rulemaking
JUDGE GRANTS MTD IN FDCPA CLASS ACTION OVER DIFFERENT SETTLEMENT AMOUNTS IN LETTERS A District Court judge in New York has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action, albeit for lack of standing even though both sides agreed that the plaintiff suffered a concrete …
Read More »Daily Digest – July 15. Judge Denies Motion to Compel in FDCPA Case; Bill Introduced to Require Cost-Benefit Analysis on CFPB Regs
JUDGE DENIES MOTION TO COMPEL ARBITRATION IN FDCPA CASE A District Court judge in California has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case, ruling that the collection law firm’s actions were independent of the original creditor, and thus not subject to the …
Read More »Daily Digest – July 14. Getting to Know Erin Stewart from SuccessKPI; Collection Agency Beats S.C. AG in Anti-Spoofing Case
GETTING TO KNOW ERIN STEWART OF SUCCESSKPI Erin Stewart is smart enough to know she doesn’t know everything, and that it’s important to surround herself with people whose strengths match her weaknesses. Perhaps that explains her meteoric rise through the ranks of the industry in just eight short years. Read …
Read More »Daily Digest – July 13. CFPB Sues Payday Lender; Appeals Court Vacates Ruling in FDCPA Case
CFPB SUES PAYDAY LENDER FOR HIDING REPAYMENT OPTIONS The Consumer Financial Protection Bureau yesterday filed a lawsuit against Populus Financial Group, which does business as ACE Cash Express, accusing the payday lender of hiding fee repayment plans from borrowers, allegedly inducing those consumers to pay $240 million in reborrowing fees. …
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