JUDGE DENIES CERTIFICATION, DEFENDANTS’ MSJ IN FDCPA CLASS ACTION A District Court judge in Washington has denied a plaintiff’s motion to certify a class while also denying motions for summary judgment from a number of defendants in a Fair Debt Collection Practices Act case stemming from a consent order between …
Read More »Daily Digest – January 27. Collector Facing FDCPA, Reg F Class-Action Over Non-MVN; Judge Grants MSJ for Plaintiff
COLLECTOR FACING FDCPA, REG F CLASS-ACTION OVER NON-MVN SENT TO CONSUMER A collector is facing a class-action complaint for allegedly violating the Fair Debt Collection Practices Act and Regulation F by sending an initial notice — that was not the Model Validation Notice — which did not specifically mention the …
Read More »Daily Digest – January 26. Getting to Know Sarah Ritter of CSO Financial; Judge Denies Motion to Amend Judgment
GETTING TO KNOW SARAH RITTER OF CSO FINANCIAL Sarah Ritter’s start in the collection industry is something out of a movie. Getting a new job, and then almost immediately watching her supervisor and the senior collector quit, leaving her to figure it all out on her own. Twenty-three years later, …
Read More »Daily Digest – January 25. Judge Awards $25k in Sanctions Against Collection Law Firm; CFPB Launches Credit Card Review
JUDGE AWARDS $25K IN SANCTIONS AGAINST COLLECTION LAW FIRM FOR ATTEMPTING TO COLLECT ON DISCHARGED DEBT A bankruptcy court judge in Virginia has ordered a collection law firm to pay $25,000 in attorney’s fees to the plaintiffs for violating the discharge of a judgment through bankruptcy by sending a payoff …
Read More »Daily Digest – January 24. Complaint Accuses Collector of Trying to Collect on Settled Debt; Healthcare Billing Statements Frustrating to Consumers
COMPLAINT ACCUSES COLLECTOR OF TRYING TO COLLECT ON SETTLED DEBT A complaint has been filed in federal court in Florida accusing a defendant of violating the Fair Debt Collection Practices Act by attempting to collect on a debt that had already been settled in a separate lawsuit against a different …
Read More »Daily Digest – January 23. Judge Grants Motion to Set Aside Default Judgment; Proposed Law Would Limit Collections in Florida For Crime-Incurred Debts
JUDGE GRANTS MOTION TO SET ASIDE DEFAULT JUDGMENT IN FDCPA, FCRA CASE OVER COMPLAINT SENT TO EMPTY OFFICE An interesting ruling out of South Dakota in which a District Court judge has agreed to set aside a default judgment that was obtained against a Buy Now, Pay Later service after …
Read More »Daily Digest – January 20. Complaint Alleges Attempts Made to Collect After Responding to Cease Complaint; Judge Grants MTD in FDCPA Case
COMPLAINT ALLEGES ATTEMPTS TO COLLECT MADE AFTER RESPONDING TO CFPB COMPLAINT THAT THEY WOULD STOP Is telling a collector that you “will not be paying these accounts” the same as refusing to pay? Is that an interpretation that a collector should make? A consumer has filed a lawsuit against a …
Read More »Daily Digest – January 19. Getting to Know Reid Miller of DAKCS; Judge Grants MTD in FDCPA Class Action Over Letter
GETTING TO KNOW REID MILLER OF DAKCS A lot of the things we use and are amazed at every day started with “wouldn’t it be cool if … ” It’s that kind of commitment to improvement that also drives Reid Miller and why he has been able to carve out …
Read More »Daily Digest – January 18. Calif. Appeals Court Upholds Anti-SLAPP Ruling for Defendant; Fewer Americans Had Problems Paying Medical Debt
CALIF. APPEALS COURT UPHOLDS ANTI-SLAPP RULING FOR DEFENDANT IN RFDCPA CASE The Court of Appeals for the state of California has upheld a lower court’s ruling granting an anti-SLAPP motion against a plaintiff that accused a collection law firm of violating the Rosenthal Fair Debt Collection Practices Act in a …
Read More »Daily Digest – January 17. Collectors Facing Lawsuit Over ID Theft Disputes; Judge Grants MJOP Over Lack of Interest Disclosure on Settlement Offer
COLLECTORS FACING LAWSUIT OVER IDENTITY THEFT DISPUTES One of the trickiest situations is when a collector attempts to collect a debt from a consumer and the consumer claims to be a victim of identity theft — that he or she did not open the account in question and never received …
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