Daily Digest

JUDGE GRANTS MSJ FOR DEFENDANT IN FCRA CLASS OVER ACCESSING CREDIT REPORT WHEN COLLECTING ON DEBT In a case that was defended by David Schultz and the team at Hinshaw Culbertson, a District Court judge in Arizona has granted a defendant’s motion for summary judgment after it was accused in …

GETTING TO KNOW AUDRA FUNK OF REVCO SOLUTIONS Audra Funk has a perspective that not many people in the industry have — she has worked on both the consumer and creditor side of the debt collection dynamic. That perspective has allowed her to be more understanding of handling interactions with …

PREFERRED FILES BRIEF WITH ELEVENTH CIRCUIT IN ADVANCE OF EN BANC HEARING Congress made a mistake when it drafted Section 1692c(b) of the Fair Debt Collection Practices Act, which prohibits communicating information about a debt with third parties because the way the statute is written, “there would be no corporate …

DEBT BUYER SUES CITI FOR ‘BAIT AND SWITCH’ WHEN SELLING PORTFOLIOS A debt buyer has filed suit against Citigroup, accusing the mega-bank of a “classic ‘bait and switch’ ” by promising to sell delinquent credit card portfolios containing accounts with certain characteristics, but instead putting accounts into the portfolios that …

JUDGE GRANTS MSJ IN FDCPA CASE OVER ‘NOT AN ATTEMPT’ TO COLLECT DISCLOSURE IN LETTER When is a communication from a debt collector not an attempt to collect a debt? If it says so in a letter to an attorney representing a consumer, is that enough? A District Court judge …

NAVIENT TO CANCEL $1.8B IN STUDENT LOANS UNDER DEAL WITH STATE AGS A deal was announced yesterday between student loan servicer Navient and 39 state attorneys general that will see the company pay $145 million in restitution and cancel $1.7 billion in delinquent private student loans to settle claims it …

GETTING TO KNOW JENNIFER WHIPPLE OF COLLECTION BUREAU SERVICES In what might be a first for the “Getting to Know” series, a participant has taken the best advice she has ever received and turned that into some pretty good advice of her own. “Adapt, adjust, and overcome” writes Jennifer Whipple …

JUDGE SETS ASIDE DEFAULT AGAINST DEFENDANT BECAUSE OF COVID-19 RESTRICTIONS A District Court judge in Ohio has granted a defendant’s motion to set aside a default and default judgment that was entered against it in a Fair Debt Collection Practices Act lawsuit after it was unable to respond to the …

DEBT BUYER SUED BY CFPB PLANS ‘VIGOROUS’ DEFENSE A debt buyer that was sued yesterday by the Consumer Financial Protection Bureau said in a statement that it intends to fight the lawsuit and said the CFPB’s suit referenced six accounts in which allegedly illegal activity took place before the debt …

JUDGE GRANTS MTD IN FDCPA CASE OVER ISSUES WITH PLAINTIFF’S NAME What is in a name, Shakespeare asked when he wrote “Romeo & Juliet.” His intention was to illustrate that how things are named really doesn’t matter. “That which we call a rose by any other name would smell just …