Daily Digest

CLASS ACTION ACCUSES CREDITOR OF VOIDING PAYMENT ARRANGEMENT A plaintiff has filed a class-action lawsuit against a creditor and two collection agencies for not honoring the terms of a payment plan that she entered with the creditor, accusing them of violating the Fair Debt Collection Practices Act and state collection …

JUDGE GRANTS MTD IN FDCPA CLAIM THAT USING PROCESS SERVER VIOLATED THIRD-PARTY DISCLOSURE A District Court judge in Michigan has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling the third-party disclosure provision of the law was not violated when the defendant hired a process …

COMPLAINT ACCUSES COLLECTOR OF FAILING TO REMOVE DISPUTE FLAG WHEN FURNISHING TO CRAS A defendant has removed a case from state court to federal court in California after it was sued for violating the Fair Debt Collection Practices Act by not removing a dispute flag from an account when furnishing …

APPEALS COURT AFFIRMS DISMISSAL OF FDCPA CLASS ACTION OVER ISSUES WITH LETTER The Court of Appeals for the Third Circuit yesterday affirmed the dismissal of a Fair Debt Collection Practices Act class-action case for failure to state a claim in favor of a defendant that was sued for sending a …

COLLECTOR FACING CLASS ACTION FOR ALLEGEDLY COMMUNICATING AFTER RECEIVING CEASE-AND-DESIST For all the new and novel theories that are being tested with respect to lawsuits against companies in the accounts receivable management industry, there are no shortage of suit alleging that defendants are not doing the everyday things that they …

JUDGE GRANTS MTD FOR LACK OF STANDING IN FDCPA CASE OVER LETTER VENDOR, DISPUTE STATUS Making sure to explain in specific detail why the plaintiff lacked standing to sue, a District Court judge in Illinois has granted a defendant’s motion to dismiss after it was sued for allegedly violating the …

COMPLAINT ALLEGES CONFUSION BETWEEN WHO OWNED DEBT AND TO WHOM DEBT WAS OWED The issues related to making sure a consumer recognizes the debt being referenced in a collection letter (or notice) while also making sure to identify the current creditor to whom the debt is owed is not an …

GETTING TO KNOW HEATHER RADCLIFFE OF RESIDENT INTERFACE It seems like there is a connection between Heather Radcliffe ending up in the accounts receivable management industry and he desire to work with animals or in nursing if she had to choose a different career path, doesn’t it? Taking care of …

BEHIND THE CURTAIN: MATT MALONEY FFAM360’s Matt Maloney may have been born into the accounts receivable management industry, but he’s not stuck in the past when it comes to collecting debts. Investments in technology and understanding the importance of surrounding yourself with smart people have helped Maloney grow FFAM360 into …

LAW FIRM FACING REG F, FDCPA CLASS ACTION OVER CONFLICTING INFO IN EMAIL, LETTERS A class-action complaint has been filed in federal court in Texas accusing a collection law firm of violating Regulation F and the Fair Debt Collection Practices Act by sending two letters and an email on consecutive …