NDCA JUDGE GRANTS MTD IN FDCPA CASE OVER CREDITOR ID IN LETTER
- A District Court judge in California has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it identified the creditor and the original creditor in a letter, but did not identify the current creditor to whom the debt was owed, with the judge ruling that she lacked subject-matter jurisdiction because the plaintiff only made “scant” allegations detailing how the plaintiff was allegedly deceived.
SIXTH CIRCUIT JUMPS ON STANDING BANDWAGON, RULES ‘BARE ANXIETY’ NOT ENOUGH TO SUE UNDER FDCPA
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- Joining its neighbor in the Seventh Circuit, the Sixth Circuit Court of Appeals has ruled that confusion and anxiety are not sufficient grounds for a plaintiff to claim standing to sue in a Fair Debt Collection Practices Act case, affirming a lower court’s dismissal of a case, albeit on different grounds than what was articulated by the District Court.
CORDRAY SIGNS OFF ON POLICY MAKING IT EASIER FOR STUDENT LOAN COMPANIES, COLLECTORS TO BE INVESTIGATED
- Richard Cordray, the new head of the federal government’s student loan program, on Friday announced that the Education Department was reversing a policy that was put in place during the Trump Administration which blocked state and federal regulators from accessing records needed to investigate student loan lenders, servicers, and private collection agencies.
BILL INTRODUCED IN SENATE TO AMEND TCPA; SEEKS PRISON TIME FOR KNOWING AND WILLFUL VIOLATIONS
- A bill has been introduced in the Senate that seeks to stiffen the penalties for violations of the Telephone Consumer Protection Act, including jail time for those who willfully or knowingly violate the statute while also doubling the penalty for those who are found to falsify their caller ID information.
READ EXPERT PERSPECTIVES ON TRENDING COMPLIANCE TOPICS
- Click here to read this week’s Compliance Digest. You’ll get insights and opinions from four different compliance experts — David Schultz, Brent Yarborough, David Shaver, and Ethan Ostroff — discussing the impact of recent court cases and legislative updates. You’re not going to get that kind of varied perspective anywhere else. The Compliance Digest is sponsored by The Bedard Law Group.
WORTH NOTING: Kroger is getting in on the vaccination contest trend, offering $1 million and free groceries to one lucky winner … You may have noticed it’s getting more expensive to eat out across the country … Some companies are opting to give you less rather than charge you more … The luckiest workers in America right now are teenagers … Get ready — this Friday is Donut Day … Signs that this summer is going to be lit … Americans are “done” with working five days a week in an office … A 7-year-old swam for an hour to save his sister and father.
What people are buying as the country opens back up
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