Daily Digest

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 …

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 …

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, …

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 …

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 …

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 …

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 …

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 …

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 …

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 …