Court Foils Attempt at Creating an FDCPA Violation by Sending C&D Request to Parent Company

On Friday of last week, the Northern District of Illinois foiled what appears to be an attempt by a consumer attorney to drum up a Fair Debt Collection Practices Act (FDCPA) violation by a debt collector. Garcia v. Miramed Revenue Grp., LLC, No. 18-cv-1384 (N.D. Ill. Aug. 16, 2019) is an example of the litigation dilemma faced by debt collectors as previously discussed on insideARM.

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News and Opinion

from insideARM.com

» Court Foils Attempt at Creating an FDCPA Violation by Sending C&D Request to Parent Company

» Marks Adopted for the First Time in the Sixth Circuit—State of Michigan Now Split on Requirements for TCPA Claim

» Check Into Cash® Selects Telrock’s Optimus Enterprise Class Collection & Recovery Software Platform to Help Drive Greater Collection Efficiency and Effectiveness

» 9th Cir. Holds No FCRA Violation by CRA When Dispute Did Not Come ‘Directly’ From Consumer

» SDNY Joins “Chorus of Courts” Finding That Individual Issues of Consent Preclude Class Certification in “Wrong Number” Case

» The Good and the Bad: Bona Fide Error Defense a Hot Issue in Recent Court Decisions

You Oughta Know, 21 August 2019

Welcome to You Oughta Know, a collection of links from the web that you should probably know about.

• Advocacy project looks to eliminate millions in medical debt for Western Pennsylvanians. There is a growing trend of communities pooling resources to help eliminate medical debt. See also this article about a church in Arkansas. (City Paper Pittsburgh)
  
• PODCAST: How CFPB, FCC rules are reshaping debt collection. "Regulatory efforts to protect consumers from harassment and excessive robocalling are drastically changing how banks and third-parties seek payment from consumers. Attorney Quyen Truong at Stroock & Stroock explains what compliance will look like." (American Banker)
• These four states have the highest bankruptcy rates in the US. "The nationwide average bankruptcy rate per capita in July was 2.5 per 10,000. Rates were higher by far in five states, four of which are in the South: Alabama (5.61), Tennessee (5.39), Georgia (4.31), Mississippi (4.25) and Nevada (3.79)." (USA Today)
  

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22 August 2019 at 03:00 p.m.

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Free Reports and Webinars

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» What Do the CFPB Rules Mean to You? An Ontario Systems Webinar

» Challenging Times Lead to Innovative Solutions in Debt Recovery

» Automation for Transforming the Debt Collection Management Landscape

» Risks & Requirements - The CFPB's Notice of Proposed Rulemaking

» Accounts Receivable Management Industry: An Industry Poised for Growth

» CFPB Rule Changes: Navigating Key Decisions Amid Evolving Regulations and Uncertainty

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