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Home Daily Digest

Daily Digest – August 9. Plaintiff Sues Collector Over Payment Method; Collector Cleared After Sending Pandemic Voicemail

mikegibb by mikegibb
August 9, 2022
in Daily Digest
0
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Photo by Soly Moses on Pexels.com

PLAINTIFF SUES COLLECTOR OVER PAYMENT METHOD REQUIREMENT, LACK OF EMAIL OPT-OUT

  • A collection agency has been sued for violating Regulation F and the Fair Debt Collection Practices Act because it said in a collection letter that it would accept multiple forms of payment, but when the plaintiff sought to make a payment, allegedly informed her that the payment had to be made via Moneygram, and because it failed to include opt-out instructions in emails that a representative exchanged with the plaintiff regarding how to make the payment. This content is sponsored by WebRecon.

JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA CASE OVER PANDEMIC VOICEMAIL

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Daily Digest – May 15. Getting to Know Cheryl Spanier of Medical Data Systems; Florida Updates Collection Law to Allow Overnight Emails to Consumers

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  • A District Court judge has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that a voicemail it sent out to all its customers a few months after the start of the COVID-19 pandemic was not a communication in connection with the collection of a debt, even though it included instructions for making payments and a representative of the defendant testified that it hoped customers would make payments after receiving the message.

APPEALS COURT AFFIRMS RULING FOR DEFENDANT IN FCRA CASE OVER DISPUTED DEBT

  • The Court of Appeals for the Fourth Circuit has affirmed a lower court’s ruling in favor of a defendant that was accused of violating the Fair Credit Reporting Act for how the pay status notifications were being displayed for a number of plaintiffs, determining that while the reports could have been clearer, that does not mean they were not clear enough.

THE PARALLELS BETWEEN DEBT COLLECTION AND ANOTHER MALIGNED PROFESSION

  • For the past week or so, I have had a tab open on my browser (don’t get me started on how many tabs I have open) that I have been wanting to write about, because I think the topic is fascinating and because I think there is an interesting tie-in between the subject matter of the article and the accounts receivable management industry. The article, published in The New Yorker, is about door-to-door sales, its resurgence in the wake of the Do Not Call registry, and the huge success that some people can have if they possess the right mentality and skills.

WORTH NOTING: Bear Grylls on fighting fear and the power of courage … The Great Resignation has turned into The Great Regret, according to one expert … Why you shouldn’t trust someone when they tell you that your lottery ticket is a loser … For all the glowing reports about the four-day workweek, here is one company that went back to working five days because employee satisfaction declined … The three simple questions Google is asking its employees to help improve productivity … How to navigate the “best before” labels on food … Americans have become pretty pessimistic about the state of the housing market … Should employees get time off when a pet dies?

Trailer Tuesday, part I

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The Daily Digest is sponsored by TCN. Today, contact centers need to do more with less. TCN’s cloud-based predictive dialing tools and services help clients to leverage the most sophisticated inbound, outbound, and blended calling technologies available. TCN’s award-winning platform offers multiple features to assist in compliance while improving performance with no hardware, no monthly minimums, or maintenance fees. Call 866-745-1900 or visit tcn.com today.

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Daily Digest – December 2. Nebraska Collection Agency Settles FDCPA Case; District Court Rules For Industry In Envelope Suit

Appeals Court Upholds Dismissal of FDCPA Suit, While Tackling Issues With 'Least Sophisticated Consumer' Standard

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