Daily Digest

COLLECTOR FACING FDCPA, FCRA SUIT FOR NOT INVESTIGATING DISPUTE, ALLEGEDLY ATTEMPTING TO COLLECT DEBT NOT OWED In an attempt to prove that he or she has standing to sue in federal court, plaintiffs are detailing specific examples of situations where they have had to spend money or where credit has …

JUDGE DENIES DEFENDANT’S MSJ IN FCRA CASE OVER DUPLICATE REPORTING A District Court judge in Illinois has denied a defendant’s motion for summary judgment in a Fair Credit Reporting Act case, determining that the defendant did not conduct a reasonable investigation into the plaintiff’s dispute because it did not actually …

COMPLAINT ACCUSES COLLECTOR OF DEBT PARKING We haven’t seen a lot of these types of lawsuits, even though people expected to see a lot of them filed after Regulation F went into effect. A plaintiff is accusing a collection operation of violating the Fair Credit Reporting Act and the Fair …

GETTING TO KNOW NINA CUNNINGHAM OF ILLINOIS COLLECTIONS One of the great benefits in publishing these profiles week after week is the chance to shine a spotlight on people whose contributions to the industry help keep moving it forward but who maybe haven’t risen to a level of prominence … …

COLLECTION LAW FIRM ORDERED TO PAY FULL RESTITUTION AFTER NO CONTEST PLEA The collection law firm in Michigan charged with conducting a criminal enterprise yesterday pleaded no contest to a charge of maintaining a criminal enterprise during a pretrial hearing and was sentenced to full restitution to the individuals who …

MORE SUITS FILED ALLEGING UNDATED MVN VIOLATES FDCPA Maybe it’s a coincidence, maybe it’s not. But in the weeks following the ruling denying a motion to dismiss a Fair Debt Collection Practices Act lawsuit over the issue of not including a date on the Model Validation Notice, two more lawsuits …

APPEALS COURT OVERTURNS DISMISSAL OF FDCPA SUIT There is a lot of background details to unpack here and I will try to get them all, but this may be one of those cases where you need to read the full ruling to get all the information you’re going to need …

COMPLAINT ACCUSES DEFENDANT OF CONTACTING PLAINTIFF’S ABUSIVE EX AND MAKING THIRD-PARTY DISCLOSURES A collection operation has been sued for allegedly violating the Fair Debt Collection Practices Act because it contacted an ex-boyfriend of the plaintiff and disclosed “previously unknown personal details” to the ex-boyfriend, leading him to resume abusive contact …

GETTING TO KNOW ANGELA ARMSTRONG OF STATE COLLECTION SERVICE There were times when Angela Armstrong wanted to be a doctor, a lawyer, and the COO of American Airlines. Reading her answers, it’s easy to see why she would have succeeded at any of those jobs, just as she is succeeding …

JUDGE GRANTS MTD IN FDCPA CLASS ACTION OVER ARBITRATION CLAUSE WITH DEBT BUYER A District Court judge in Maryland has granted a defendant’s motion to compel arbitration and dismiss a Fair Debt Collection Practices Act class action, ruling that an underlying collection suit did not violate the terms of the …