Daily Digest

APPEALS COURT AFFIRMS MSJ IN FDCPA GARNISHMENT CASE The company that an individual is employed with matters a lot when seeking to apply a garnishment order after the individual moves to other states, the Ninth Circuit Court of Appeals has ruled in affirming a lower court’s summary judgment ruling in …

[REPUBLISHED] GETTING TO KNOW ROGER WEISS OF CACI [In celebration of his Roger Weiss’s tenure as president of ACA International, AccountsRecovery.net is re-publishing this profile, which originally ran in December 2016.] As a long-suffering fan of the Chicago Cubs (until recently, of course), Roger Weiss needed to develop a great …

N.D. AG BANS UNLICENSED COLLECTORS A trio of debt collectors have been ordered to stop collecting debts by the Attorney General of North Dakota because they did not have the proper licenses and were harassing individuals when trying to collect. JUDGE GRANTS MTD IN FDCPA CASE BECAUSE PLAINTIFF WASN’T SPECIFIC …

JUDGE AWARDS $16k IN DAMAGES & FEES TO PLAINTIFF IN FDCPA CASE I’ve been writing up summaries of cases where someone is accused of violating the Fair Debt Collection Practices Act for a while now and, for the first time, I’ve come across a case where one of the defendants …

NAVIENT USES SEILA LAW RULING AS GROUNDS TO DISMISS CFPB LAWSUIT In what might be the first case to make the argument, Navient has asked a federal judge in Pennsylvania to grant its request for a motion for judgment on the pleadings in a lawsuit fled by the Consumer Financial …

JUDGE DENIES MTD IN FDCPA CASE OVER ‘NON-INTEREST CHARGES’ LINE ITEM IN LETTER A District Court judge in New York has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by sending a letter that confused the plaintiff because it …

GETTING TO KNOW ARLYNN FLECKER OF NATIONWIDE CREDIT CORP. There are not many people who enjoy hearing the remarks when they find out someone from the industry is a collector. But there are a few people, like Arlynn Flecker, for example, who relish the opportunity to teach people about all …

JUDGE APPROVES $6.8M SETTLEMENT IN TCPA CASE WITH COLLECTOR A District Court judge in California has approved a plaintiff’s motion for a preliminary settlement in a Telephone Consumer Protection Act case which will see a collection agency pay $6.8 million in cash and debt forgiveness after making calls using an …

SUPREME COURT RULING IN TCPA CASE The Supreme Court yesterday ruled that the Telephone Consumer Protection Act does not need to be invalidated in order to correct a violation of the First Amendment in which it allowed collection calls to cell phones without prior consent when collecting debts that were …

JUDGE GRANTS MTD IN FDCPA CLASS ACTION OVER INCLUSION OF TAX DISCLOSURE IN LETTER A District Court judge in New Jersey has granted a defendant’s motion to dismiss after it was sued in a Fair Debt Collection Practices Act class action for including a disclosure about the possible tax consequences …