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Daily Digest – February 25. Sending Letter with Payment Voucher After Refusal to Pay Sets Off FDCPA Suit; Appeals Court Overturns Dismissal of FDCPA Suit, Rules Receipt of Letter Confers Standing

mikegibb by mikegibb
February 25, 2025
in Daily Digest
0
Daily Digest – February 25. Sending Letter with Payment Voucher After Refusal to Pay Sets Off FDCPA Suit; Appeals Court Overturns Dismissal of FDCPA Suit, Rules Receipt of Letter Confers Standing

Sending Letter with Payment Voucher After Refusal to Pay Sets Off FDCPA Suit

  • As has been mentioned before, sometimes the information included in a complaint lacks all the relevant details. I’m sure this is intentional in some cases and unintentional in others, and at the outset, I admit I have no idea which side this case falls into. But even though the plaintiff failed to include the letter in question that is the basis for this lawsuit, it still is worth mentioning. A collector is facing claims it violated the Fair Debt Collection Practices Act because it sent a letter to the plaintiff after the plaintiff indicated a refusal to pay the debt; a letter which included a payment voucher that the plaintiff claims was an attempt to collect on the debt.
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  • This series is sponsored by WebRecon

Appeals Court Overturns Dismissal of FDCPA Suit, Rules Receipt of Letter Confers Standing

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  • In a ruling that — to this non-lawyer appears to take the issue of standing and turn it on its head — the Court of Appeals for the Ninth Circuit has reversed a lower court’s dismissal of a Fair Debt Collection Practices Act suit, ruling that the receipt of a letter after being informed that the individual was represented by an attorney — a tangled situation in this case — is enough for the plaintiff to have standing to pursue a lawsuit in federal court.
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Money on Mute: How 1 in 4 Consumers Are Ghosting Their Finances

  • Data from a new survey from reveals a sobering yet opportunity-rich snapshot for credit and collection professionals and the broader financial ecosystem — amid persistent stress and rising consumer expectations, there’s a clear desire for more seamless, data-driven experiences that reduce friction in the repayment process.
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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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