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Another Overshadowing FDCPA Claim Bites the Dust

Another day, another overshadowing claim filed by a specific plaintiffs' firm bites the dust in the Eastern District of New York (EDNY). In the past several months, this firm's frequently-filed claim that the format of the letter overshadows the consumer's validation rights—required by section 1692g of the Fair Debt Collection Practices Act (FDCPA)—has been continuously rejected by EDNY. iA Case Law Tracker subscribers got the full breakdown and analysis in the subscriber-only CLT Week in Review newsletter—want in on the fun? Sign up here. On Friday of last week, you can add another one to that list. 

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iA Round Robin: Email Communication

September 9, 2020 1:00 Eastern

Join some of the great minds in the industry as we talk about not just the efficacy of payment portals as a frictionless way for collection agencies to meet consumers where they are, but also about the necessity of this tech going forward.

Our panel includes:

- Joann Needleman, Attorney, Clark Hill

- Dara Tarkowski, Attorney, Actuate Law

- M. Del Valle, Attorney, The Sessions Firm

- Kelly Knepper-Stephens, General Counsel, TrueAccord

Register now »



Nevada Confirms that its Work from Home Provisions Have Expired

Nevada, which has taken a bold approach to collections during the COVID-19 pandemic, took yet another step that may add difficulty for collection agencies. Despite its moratorium on debt collection—which has since expired—Nevada's Department of Business and Industry gave some leeway by allowing mortgage company employees to telework in order to prevent the spread of COVID-19. In a letter to the American Financial Services Association dated July 28, 2020, the Department confirms that the waiver allowing telework outside of a licensed location has expired.

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Women in Consumer & Commercial Finance Conference 2020

8 December 2020 at 12:30 p.m.

Sharpen your leadership skills, expand your professional network and help improve your workplace culture when you attend Women in Consumer & Commercial Finance Digital – a virtual conference and networking experience for ALL women in consumer & commercial finance.

Event Details »

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