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Courtroom

Bad Faith FDCPA Case Leads to Win for Defendant

The underlying putative class action complaint was filed in state court and removed by the defendants who then filed a motion to dismiss. The District Court granted the unopposed motion to dismiss and the subsequent motion for reconsideration filed by the plaintiff. The motions were granted due to the fact that, “Counts I through V are clearly barred by the FDCPA’s one-year statute of limitations and Count VI is insufficient to sustain a common law negligence claim and is additionally precluded by Missouri’s economic loss doctrine.” Id. at *2.

Recording Phone Calls

Disclosures Likely Necessary When Recording Cell Phone Calls to Consumers in California

The plaintiff alleges an invasion of his privacy and a violation of California Penal Code. Verizon’s argument: the recording of the phone calls actually isn’t a violation since privacy wasn’t breached. The Court, however, appears to be siding with the plaintiff on this one, which could offer some operational clarity for collection agencies in one aspect of how they interact with consumers via cell phone.

irs-building-dc

Bipartisan Plan to Privatize Tax Collection Hits Opposition

The study compared private collections and IRS collections during four consecutive six-month intervals. Taxpayer Advocate Service found that while private collectors collected more tax dollars in the first six-month period than the IRS, over time IRS collections were more consistent. Private collection agencies had six months of success, before drastically decreasing the dollar amount and percentage of available taxpayer dollars collected.

old-people

Social Security Halts Collection of Debts Older than 10 Years

The Social Security Administration announced Monday that it will immediately stop efforts to collect on taxpayers’ debts to the government that are more than 10 years old. This means the SSA will no longer seize state and federal refunds from people who had relatives who owed money to the agency. While the SSA will no longer seize federal and/or state refunds to pay for government debts past the federal statute of limitations, this does not have any impact on other time-barred debts on a state-by-state basis.