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Texas Court Finds No Issue With Mailing Second Validation Letter After 30-Day Validation Window

While courts have found that sending a second validation letter within the 30-day validation window is problematic, sending a second letter outside of that 30-day window does not pose an issue, says the Northern District of Texas. In Ortiz v. Enhanced Recovery Company, LLC, No. 3:18-cv-1347 (N.D. Tex. June 6, 2019), ERC sent a second validation letter to the consumer three months after sending the initial validation notice. The consumer filed a Fair Debt Collection Practices Act (FDCPA) lawsuit alleging that the letters contained conflicting information, specifically that the validation window in the first letter was “literally false” if the second letter also included the same thing.

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New whitepaper: need help navigating the recent CFPB Rule Changes?

Significant rules changes have been drafted by the Consumer Financial Protection Bureau (CFPB), and the industry is now within the comment period before final rules are published. Almost immediately, legislation has been drafted within Congress to offset portions of the rules, meaning that the final rules could look quite different. For collectors, these changes will have major impacts. Previously permissible outbound contacts strategies must evolve, while new preferred customer channels will open up opportunities to interact in new ways.

In a new whitepaper from Katabat, learn how to harness this newly available tactical decision-making power to benefit your business. Click here for more.



Ninth Circuit Joins The Fourth In Severing The TCPA’s Government Backed Debt Exemption

The First Amendment has long held a special place in constitutional jurisprudence. Given its importance to a well-functioning government and public discourse, courts take special care to enforce its protections, even for unwanted speech or around the periphery of what could be considered a content-based restriction. And when a statute did discriminate on content, courts were careful to rule in a matter that did not restrict more speech than Congress intended.

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The First Party Summit - A New Kind of Conference

17 June 2019 at 06:00 p.m.

The industry's first-ever and only Summit focused totally on the unique challenges of First Party Collections, Outsourcing, and Customer Care.

Event Details »

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