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Home Daily Digest

Daily Digest – July 7. Appeals Court Reverses Dismissal of FDCPA Suit Over Barcode on Envelope; New Student Loan Licensing Law in Mass. Now in Effect

mikegibb by mikegibb
July 7, 2021
in Daily Digest
0
Daily Digest – July 7. Appeals Court Reverses Dismissal of FDCPA Suit Over Barcode on Envelope; New Student Loan Licensing Law in Mass. Now in Effect

APPEALS COURT REVERSES DISMISSAL OF FDCPA SUIT OVER USE OF BARCODE ON ENVELOPE

  • The Court of Appeals for the Third Circuit has reversed the dismissal of a Fair Debt Collection Practices Act case, ruling that the disclosure of an individual’s Internal Reference Number — which included the first 10 characters of the individual’s street address — is sufficient for the individual to have suffered a concrete injury and have standing to sue in federal court.

NEW STUDENT LOAN LICENSING LAW IN MASS. NOW IN EFFECT

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Daily Digest – May 19. Judge Denies MTD in FDCPA Case, Rules Plaintiff Has Standing; Debt Collection Complaints Swamp CFPB Inbox — But Almost Never Pay Off: Study

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  • A new law went into effect last week requiring anyone servicing student loans in Massachusetts to be licensed, and the definition of student loans as well as the types of companies required to be licensed are broader than one might expect.

JUDGE IMPOSES HIGHER STANDARD ON DEFENDANT USING BFE DEFENSE IN FDCPA, FCRA CASE

  • A District Court judge in Maryland has granted a plaintiff’s motion to strike four of the five affirmative defenses put forth by a defendant in a Fair Credit Reporting Act and Fair Debt Collection Practices Act case — including the use of the Bona Fide Error defense — ruling that the use of the BFE defense is subject to a heightened standard at the pleading stage of a case and that the defendant was required to identify specific policies to avoid such errors from occurring.

GAO DENIES PROTEST FROM AGENCY OVER SELECTION PROCESS FOR IRS CONTRACT

  • The General Accountability Office has denied a protest from a collection agency that was not selected by the Internal Revenue Service for private debt collection services, ruling that the Treasury Department’s selection process was reasonable and that the agency’s plan to use an unproven call analytics program opened the IRS to complaints or incidents.

WORTH NOTING: Advice to help you navigate through financial crises … Companies are reportedly hiking wages at an “unprecedented rate” … Add USA Today to the growing number of sites going behind a paywall … Nearly two-thirds of Americans believe that aliens exist … Employees in Iceland were more productive and happier working four-day workweeks … Chick-fil-A topped the list of favorite fast-food restaurants … Subway is making a lot of changes to its menu … The cities with the highest share of homeowners in danger of foreclosure.

Things to buy that will make you happier

75 years of marriage. Wow.

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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