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Home Daily Digest

Daily Digest – October 12. Judge Grants MSJ For Defense in FDCPA Case; Analysis Breaks Down CFPB Collection Complaints

mikegibb by mikegibb
October 12, 2021
in Daily Digest
0
Daily Digest – October 12. Judge Grants MSJ For Defense in FDCPA Case; Analysis Breaks Down CFPB Collection Complaints

JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA CASE OVER MIS-IDENTIFIED CONSUMER

  • An interesting Fair Debt Collection Practices Act case out of Minnesota involving a creditor who mis-spelled a customer’s first and last name incorrectly when placing the account with a law firm for collection, a customer who changed her name before filing for bankruptcy protection, and a law firm that may or may not do enough collection work to be defined as a collector under the FDCPA. Ultimately, a District Court judge granted the defendant’s motion for summary judgment, applying a Second Circuit test to determine that the law firm did not engage in enough debt collection work to conclude that it “regularly” collects or attempts to collect debts owed to someone else.

ANALYSIS BREAKS DOWN CFPB COLLECTION COMPLAINTS

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  • Individuals in Georgia are three times more likely to file a complaint with the Consumer Financial Protection Bureau about a debt collector than residents living in other states, according to an analysis that was conducted and released yesterday by LendingTree.

NEVADA FID TO HOLD WORKSHOP ON MEDICAL COLLECTION REGS

  • The Financial Institution Division (FID) of Nevada’s Department of Business and Industry will be holding a virtual workshop on Tuesday, October 26 at 1pm ET to solicit comments from interested persons about regulations related to SB248, a new medical debt collection law that went into effect earlier this year.

COULD CHOPRA START AT THE CFPB THIS WEEK? CORDRAY INTERVIEW MAY OFFER INSIGHT

  • Now that he has been confirmed by the Senate to be the next Director of the Consumer Financial Protection Bureau, the wait has been on to see when Rohit Chopra would actually start working there. Richard Cordray, himself a former Director of the CFPB who is now the Chief Operating Officer of the Department of Education’s Federal Student Aid (FSA) office, may have revealed that Chopra’s tenure at the CFPB is going to start this week, as part of an interview that Cordray did.

WORTH NOTING: The COVID-19 delta surge has been bad for Americans in all walks of life … A stark reminder that emails can always come back to bite you, even 10 years later … For people who want to trick or treat and pick up drywall screws at the same time … Gas prices are skyrocketing across the country … Are you ready for the “Mount Everest” of mac ‘n’ cheese? … For anyone who wants to make “Ted Lasso” biscuits … It’s the most wonderful time of the year … You shouldn’t be worried that killer whales are swimming closer to shore these days.

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