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Home Daily Digest

Daily Digest – January 13. Class Action Accuses Collector of Using Inaccurate Creditor Name; State Court Judge Dismisses Suit for Lack of Standing

mikegibb by mikegibb
January 13, 2023
in Daily Digest
0
Daily Digest – January 13. Class Action Accuses Collector of Using Inaccurate Creditor Name; State Court Judge Dismisses Suit for Lack of Standing

CLASS ACTION ACCUSES COLLECTOR OF USING INACCURATE NAME OF ORIGINAL CREDITOR

  • A class-action complaint has been filed in federal court in Utah against a collection law firm for allegedly violating the Fair Debt Collection Practices Act with its Model Validation Notice, which was not dated, but also because the debt was allegedly purchased before the notice was sent, and the complaint alleges the phrase “you had an account from” that company is technically not accurate. You may also find the MVN used in this case interesting because it has a few differences from the CFPB’s Model Validation Notice — none of which were mentioned in the complaint.
  • More details here.
  • This series is sponsored by WebRecon.

N.Y. STATE COURT JUDGE DISMISSES FDCPA SUIT FOR LACK OF STANDING

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Daily Digest – May 14. California Appeals Court Vacates Rulings in Favor of Debt Buyer; CFPB Proposes Scrapping Registry of Nonbank Offenders

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  • One of the big concerns regarding the trend of federal judges dismissing cases because the plaintiff lacked standing to sue in federal court is that those cases would end up being filed in state court, and the decisions might not be as favorable for the defendants. To give everyone a little hope, I give you a ruling from a state court judge in New York, who has dismissed a complaint filed against a collection law firm for allegedly violating the Fair Debt Collection Practices Act because the plaintiff did not suffer any “specific injury.”
  • More details here.

DISBARRED ATTORNEY SECRETLY RUNNING DEBT RESOLUTION FIRM, NOT PAYING INVESTORS, SUIT ALLEGES

  • An investment company has filed a lawsuit against a disbarred California attorney, accusing him of operating a law firm that represents consumers in lawsuits against debt collectors that has now started diverting revenue in order to “expropriate the lion’s share of proceeds” from a “lucrative debt resolution business.”
  • More details here.

MORE CONSUMERS FALLING BEHIND, RELYING ON CREDIT TO MAKE ENDS MEET

  • It’s a recipe for economic disaster that consumers are whipping up, according to recently released reports. They are charging more money on their credit cards and fewer people are paying the balances off in full every month. While this likely means more accounts and work for companies in the accounts receivable management industry, the question is whether consumers will have the money to pay when those calls come in.
  • More details here.

WORTH NOTING: What nine years of logging every slice of pizza you ate looks like … Ranking 133 celebrity bathrooms from best to worst … Imagine being stranded for for so long a train that you wonder if you’re being held hostage … Why you need to get up from your desk every now and then … The states to play Mega Millions if you want the best chance to win … How to tell your boss “no” when they ask you to take on more work … A woman has been ordered to repay her employer because she was slacking off at work … The Internal Revenue Service has announced when people can start filing their 2022 tax returns.

Funny Friday, part I

Funny Friday, 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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