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Home Daily Digest

Daily Digest – February 14. Class Action Accuses Creditor of Voiding Payment Arrangement; Appeals Court Rules in Collection Attorney Case

mikegibb by mikegibb
February 14, 2023
in Daily Digest
0
Daily Digest – February 14. Class Action Accuses Creditor of Voiding Payment Arrangement; Appeals Court Rules in Collection Attorney Case

CLASS ACTION ACCUSES CREDITOR OF VOIDING PAYMENT ARRANGEMENT

  • A plaintiff has filed a class-action lawsuit against a creditor and two collection agencies for not honoring the terms of a payment plan that she entered with the creditor, accusing them of violating the Fair Debt Collection Practices Act and state collection laws in Florida.
  • More details here.
  • This series is sponsored by WebRecon

APPEALS COURT AFFIRMS RULING FOR DEFENDANT IN COLLECTION ATTORNEY CASE

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  • The Court of Appeals for the Second Circuit has upheld a summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act, determining that the subjective nature of whether an attorney conducted a meaningful review of an account before deciding whether to file a collection lawsuit or not is sufficient and that a disclosure was not required indicating whether an attorney was meaningfully involved in collecting the underlying debt.
  • More details here.

JUDGE UNDERCUTS MVN SAFE HARBOR IN FDCPA CASE OVER UNDATED NOTICE

  • In one of the first cases to rule on whether leaving the date off the Model Validation Notice is a violation of the Fair Debt Collection Practices Act, a District Court judge in Florida has denied a motion to dismiss on three counts — granting it on the fourth — ruling that a “reliance on the Model Form overstates both the meaning and scope of the regulatory safe harbor provided by the” Consumer Financial Protection Bureau, and that a least sophisticated consumer might be confused by the document.
  • More details here.

ABA CEO: CFPB CAN’T ‘BULLY’ BANKS

  • The president and chief executive of the American Bankers Association yesterday pushed back against the Consumer Financial Protection Bureau and its attempts to “bully” banks and financial institutions into eliminating “perfectly legal or legitimate” fees.
  • More details here.

WORTH NOTING: Thousands of high-paying jobs that don’t need a college degree are sitting vacant … If you’ve ever wanted to see someone unbox their Golden Globe award, today is your lucky day … The list of the 10 highest-paid entertainers … Strategies to help you stay cool when you are provoked … If you are a parent of young kids, be on the lookout — here comes Barney 2.0 … Nine things to stop doing when you order Chinese take-out … Why today is not a good day to go out to eat … Even the weinermobile is not immune to catalytic converter thieves.

Trailer Tuesday, part I

Trailer Tuesday, part II

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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