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Home Daily Digest

Daily Digest – August 3. Judge Grants MSJ for Defendant in FDCPA Vicarious Liability Case; N.M. Announces Phased Restart to Garnishments

mikegibb by mikegibb
August 3, 2021
in Daily Digest
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Daily Digest – August 3. Judge Grants MSJ for Defendant in FDCPA Vicarious Liability Case; N.M. Announces Phased Restart to Garnishments

JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA VICARIOUS LIABILITY CASE

  • Vicarious liability became a bit of a hot topic within the context of Fair Debt Collection Practices Act cases recently following a District Court ruling that held a debt buyer liable for the actions of a debt collector working its accounts, but a District Court judge in Alabama has now determined that a debt buyer can not be held liable for the actions of a process server working on behalf of a collection law firm hired by the debt buyer because the process server was not acting as an agent of the debt buyer.

LOCAL GOVERNMENTS SCRAMBLING TO PROTECT RESIDENTS; N.M. ANNOUNCES PHASED RESTART TO GARNISHMENTS

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  • Local governments began scrambling yesterday to try and implement protections for consumers who might be facing eviction or foreclosure as moratoriums that were put into place at the start of the COVID-19 pandemic are now expiring. The protections that are being put into place in some areas are affecting collectors and debt buyers, who need to be aware of these changes to avoid violating any local regulations or laws.

LAWSUITS, CFPB COMPLAINTS JUMP IN JUNE: WEBRECON

  • Consumers were in the mood to complain and sue in June, according to data released recently by WebRecon. The number of complaints filed by individuals with the Consumer Financial Protection Bureau and the number of lawsuits alleging violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and the Telephone Consumer Protection Act were all higher in June than they were in May.

WHAT HAPPENS NEXT?

  • While the debate over when Regulation F is going to go into effect may be over for now, the announcement from the Consumer Financial Protection Bureau may have just been the closing of one chapter and the opening of another in the saga over regulating debt collection in the United States. For anyone who read beyond “will take effect as planned, on November 30, 2021” in the CFPB’s press release, there was a statement that may send chills up the collective spines of the accounts receivable management industry while a press release from the National Consumer Law Center that was issued yesterday may raise the industry’s blood pressure higher than what it already is.

CREDIT CONTROL ANNOUNCES SENIOR VICE PRESIDENT OF SALES

  • Credit Control, LLC (“Credit Control”) is proud to announce that Paul Kaloustian has joined the company as Senior Vice President – Sales. Paul joins an established team of Executives and will assist in managing existing client relationships, provide a consultative approach to business development, and focus on expanding our national presence as industry leaders in the Financial Services collections and recovery industry 

WORTH NOTING: How to teach your kids about money … An Olympian with a great message and attitude (of course, she’s Canadian) after a really really bad dive … The best and worst states for people looking for a job right now … How to recognize and deal with toxic employees … How to minimize your kids screen time at home with family … A fourth officer who defended the Capitol on January 6 has died by suicide … How to avoid miscommunications if you are returning to the office … If you’re looking for a deal on some streaming channels, here you go … Welcome back, Simone.

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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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