COMPLAINT ACCUSES COLLECTOR OF DEBT PARKING
- We haven’t seen a lot of these types of lawsuits, even though people expected to see a lot of them filed after Regulation F went into effect. A plaintiff is accusing a collection operation of violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act by furnishing information about a debt to the credit reporting agencies before notifying the plaintiff about the debt, allegedly violating the debt parking provisions of Regulation F.
- More details here.
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JUDGE DENIES PLAINTIFF’S MOTION FOR FEES IN FDCPA CASE REMOVED AND THEN REMANDED BACK TO STATE COURT
- We have seen defendants get taken to the woodshed for removing cases filed in state court to federal court, only then to file motions to dismiss, arguing the plaintiffs lack standing. But, much like a plaintiff needing to show a concrete injury in order to show he or she has standing, if a defendant attempts to defend a case before seeking to have it dismissed for lack of standing, that is an entirely different ballgame. A Magistrate judge in Missouri has denied a plaintiff’s motion for attorney’s fees and costs in a Fair Debt Collection Practices Act case, ruling the defendant had an objectively reasonable basis for removing the case in the first place.
- More details here.
CFPB, NLRB TO SHARE INFORMATION; WILL BE FOCUSING ON EMPLOYER-DRIVEN DEBT
- The Consumer Financial Protection Bureau and the National Labor Relations Board have signed an information-sharing agreement as a means of protecting consumers from employer-driven debt, which is often “pursued” by third-party collectors, among other priorities.
- More details here.
DETAILS ABOUT VISA’S NEW RULES FOR COLLECTION AGENCIES AND REPAYING DEBTS
- Visa is planning on introducing a new Merchant Category Code for debt collection agencies and imposing new rules for entities collecting debts or overdue receivables on behalf of another entity, but it’s still not entirely clear if the new code will be applied retroactively or only new new merchant applications.
- More details here.
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Funny Friday, part I (very NSFW language)
Funny Friday, part II
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