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Daily Digest – April 1. Suit Alleges MVN Payment Option Violates FDCPA; Judge Rules Selfies Must Accompany Collection Texts

mikegibb by mikegibb
April 1, 2025
in Uncategorized
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Daily Digest – April 1. Suit Alleges MVN Payment Option Violates FDCPA; Judge Rules Selfies Must Accompany Collection Texts

Suit Alleges MVN Payment Option Violates FDCPA

  • This is one that could become a thing. A collection operation is facing a class-action complaint alleging that the tear-off portion of the Model Validation Notice, which includes a box allowing the consumer to indicate how much of a payment is being made along with instructions about whom to pay, coerces individuals to make payments and is thus a violation of the Fair Debt Collection Practices Act and Regulation F.
  • More details here

Judge Rules Selfies Must Accompany Collection Texts

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Daily Digest – April 10. Getting to Know Susan Richards of CredTech Consulting; Judge Rules Law Firm Specializing in Evictions Meets FDCPA’s Definition of ‘Debt Collector’

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  • A District Court judge has granted a plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that the defendant violated the statute by not including selfies of the collectors who were sending the plaintiff text message communications attempting to collect on an unpaid debt because the messages were “too impersonal” and “indistinguishable” from messages that could have been generated by artificial intelligence. All text messages sent by the defendant should include “clear and current selfie photographs” of the representative sending the message, the judge ruled.
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  • In a surprising regulatory development, the California Department of Financial Protection and Innovation (DFPI) and New York’s Department of Financial Services (DFS) yesterday announced a joint rulemaking that will fundamentally change training requirements for debt collection professionals in both states and perhaps the nation.
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CFPB Repeals Medical Debt Credit Reporting Rule, Adds Repossession, Mandatory Reporting Requirement

  • Having already backtracked on its Payday Lending Rule and the Buy Now, Pay Later rule, nobody should be surprised that the Consumer Financial Protection Bureau yesterday announced it was pulling back the medical debt credit reporting rule, although it did introduce a pair of twists that caught everyone in the industry off-guard. Going forward, consumers who don’t pay their medical debts could have their medical devices repossessed and treatments reversed and all medical debts must be reported under the “Financial Obligation Oversight & Liquidation” (FOOL) program.
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WORTH NOTING: April Fools’ Day pranks that have backfired in spectacular fashion … How to get free coffee from Dunkin’ today … Nobody knows how April Fools’ Day began … How many crunches you should be able to do, according to your age … How much time the average American spends worrying every day … How to embed active optimism into your work life … Which car can claim to be the most “American” on the market today? Might not be what you think … What’s at stake in Wisconsin and Florida today.

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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