Daily Digest

PREFERRED LAWYER CONFIRMS EN BANC REHEARING PETITION TO BE FILED IN HUNSTEIN CASE One of the attorneys representing the defendant in Hunstein v. Preferred Management & Collection Services confirmed yesterday that the defense will file another petition with the Eleventh Circuit Court of Appeals for an en banc rehearing of the case, …

GETTING TO KNOW CHRIS DUNKUM OF FIRST COLLECTION SERVICES Chris Dunkum may have been born and raised in the collection industry, but he still approaches each day like someone who is stepping into this world for the first time, bringing new ideas, a desire to innovate, and to upend the …

BEDARD BREAKS DOWN ELECTRONIC DELIVERY OF VALIDATION NOTICES For all of the excitement and possibility that surrounds the area of collectors communicating electronically with consumers via email, text messaging, and other digital channels, one of the areas that collectors tend to shy away from is sending the initial validation notice …

NYDFS ISSUES AMENDMENTS TO DEBT COLLECTION RULES; COMMENT PERIOD OPEN UNTIL NEXT WEEK The New York Department of Financial Services has issued a series of amendments to its debt collection rules for third-party debt collectors and debt buyers that could change how consumers are communicated with, including the information that …

APPEALS COURT AFFIRMS RULING FOR LAW FIRM IN FDCPA SOL CASE The Court of Appeals for the Eleventh Circuit has upheld a summary judgment ruling in favor of a law firm that was accused of violating the Fair Debt Collection Practices Act by suing an individual who was allegedly responsible …

ELEVENTH CIRCUIT DOUBLES DOWN ON HUNSTEIN RULING The original panel from the Court of Appeals for the Eleventh Circuit that ruled in the Hunstein case issued a new opinion yesterday morning, vacating its earlier decision, but still ending up in the same place that the plaintiff had standing to sue, …

GETTING TO KNOW JIM BECK OF MRS BPO One of the primary objectives of these profiles is to give people in this industry the chance to get to know one another a little better. But it’s ultimately up to the participant to determine how much he or she wants to …

BEDARD FINISHES ANALYSIS OF MODEL VALIDATION NOTICE’S OPTIONAL DISCLOSURES In the latest episode of “You Wanted a Rule, You Got a Rule,” John Bedard of Bedard Law Group finishes walking through his analysis and breakdown of the eight optional disclosures that collectors are allowed to include on their copies of …

JUDGE DENIES DEFENDANT’S MOTION IN FDCPA BANKRUPTCY CASE A District Court judge in Florida has denied a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act case for allegedly disregarded cease-and-desist letters sent by an individual after receiving text messages and collection letters from the …

JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA CASE OVER COMMUNICATION ISSUES You ever have a situation where you and someone else just don’t see eye to eye on anything? A debt collector is having that problem with a husband and wife, where both sides agree that a debt is owed, …