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Home Daily Digest

Daily Digest – October 13. Collector Facing FDCPA Class Action Over Undated MVN; 3rd Circuit Issues Precedential Ruling on Standing

mikegibb by mikegibb
October 13, 2023
in Daily Digest
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Daily Digest – October 13. Collector Facing FDCPA Class Action Over Undated MVN; 3rd Circuit Issues Precedential Ruling on Standing

Collector Facing FDCPA Class Action Over Undated MVN

  • A class-action suit has been filed against a debt collector in New Jersey federal court, accusing the defendant of violating the Fair Debt Collection Practices Act by sending an undated Model Validation Notice, rendering the plaintiff misled because he had no idea what “today” and “now” meant in the Notice’s itemization table that sought to collect a debt of $11.14.
  • More details here
  • This series is sponsored by WebRecon

3rd Circuit Issues Precedential Ruling on Standing; Vacates Certification of Class in FDCPA Suit

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  • In a case that was defended by David Shaver at Surdyk, Dowd & Turner, the Court of Appeals for the Third Circuit yesterday ruled that a plaintiff must allege more than being confused by a collection letter to have standing to sue, but also ruled that the plaintiff in this particular case did have standing and that the letter that was sent did violate the Fair Debt Collection Practices Act. The Court did however, vacate the lower court’s grant of class certification and remanded the case back to the District Court to determine whether the other members of the class have standing under this new ruling.
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TransUnion to Pay $23M to Settle Enforcement Actions with CFPB

  • The Consumer Financial Protection Bureau and the Federal Trade Commission yesterday announced a settlement with TransUnion Rental Screening Solutions, a unit of TransUnion, that will see the company pay $15 million after it was accused violating the Fair Credit Reporting Act by failing to ensure the accuracy of tenant screening reports and withheld from renters the names of third parties that were providing the inaccurate information. In a separate matter, the CFPB fined TransUnion $8 million for failing to remove security freezes and locks on consumers’ credit reports in a timely manner.
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Report Calls for Overhaul to Minnesota Legal Collections System

  • The Minnesota State Bar has released a report calling for an overhaul of the legal collections process in the Land of 10,000 Lakes. Consumers are too often confused about how to pay back debts and collection lawsuits disproportinately affect consumers with low-incomes and minorities.
  • More details here.

WORTH NOTING: Details to get you ready for tomorrow’s “Ring of Fire” solar eclipse … A dentist shares what the worst Halloween candies for your teeth are … Three cover letter mistakes to avoid making … Americans don’t think their savings will last them very long in an emergency … The backstory on why Friday the 13th is considered to be unlucky … Microsoft Outlook may soon write your emails for you … The best and worst advice to handle depression … What it looks like when you get to tell your parents you won a Nobel Prize.

Funny Friday, part I

Funny Friday, 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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